BCC Minutes 09/29/2009 R
September 29, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 29, 2009
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Donna Fiala
Fred Coyle
Jim Coletta
Frank Halas
Tom Henning
ALSO PRESENT:
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
September 29, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman
Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
September 29, 2009
Page 1
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1 ) James Maulden, Solid Waste
B. 25 Year Attendees
1) John Augustyn, Water Department
2) Judi Bodine, County Manager's Office
4. PROCLAMATIONS
September 29, 2009
Page 2
A. Proclamation designating October 3, 2009 as Collier County Branch
NAACP 27th Freedom Fund and National NAACP Centennial Day. To be
accepted by Diane Haynes, Chair, Freedom Fund Dinner, Harold Weeks,
President, NAACP, Rhonda Cummings, Membership Chair, NAACP.
B. Proclamation designating the week of October 10,2009 as National Wildlife
Refuge Week. To be accepted by Layne Hamilton, Project Leader, U.S. Fish
and Wildlife Service.
C. Proclamation designating October 7,2009 as International Walk to School
Day. To be accepted by David Buchheit, Nancy Frye, Stacy Revay, Jeff
Stauring, Charles Benson and Joe Bonness.
D. Proclamation designating October 10, 2009 as Put the Brakes on Fatalities
Day. To be accepted by Gene Calvert, David Buchheit, Charles Benson, Sgt.
Chris Gonzalez, Susan Vivonetto, Sgt. Dave Contessa and Lt. Greg Gaffney.
E. Proclamation designating October, 2009 as Domestic Violence Awareness
Month. To be accepted by Linda Oberhaus, Executive Director, The Shelter
for Abused Women & Children.
F. Proclamation recognizing the spirit of charitable giving in Collier County by
individuals who commit themselves to raising money by various endeavors
and for one such person designating September 30, 2009 as Michael
Pagliccia Endeavor Day. To be accepted by Michael Pagliccia.
G. Proclamation recognizing Naples Big Cypress Market Place as a public
attraction for Collier County. To be accepted by Keith Basik.
H. Proclamation supporting public access to the Big Cypress National Preserve
Addition and opposing the proposed wilderness designation. To be accepted
by Captain Franklin Adams, Brian McMahon, Frank Denninger, Lyle
McCandless and members of the Big Cypress Sportsmen Alliance.
5. PRESENTATIONS
A. Dr. Robert Tober, recipient Florida State EMS Medical Director of the Year
Award presented by Dr. Joe Nelson, State of Florida EMS Medical Director.
September 29, 2009
Page 3
B. Presentation Regarding the HINI Immunization Campaign to be presented
by Dr. Joan Colfer, Collier County Health Department Director.
C. Report from the Productivity Committee on their study of Charter
Government.
D. Freedom Memorial construction update
E. Recommendation to recognize Sandra Lea, Executive Aide, Board of
County Commissioner's Office as Employee of the Month for September
2009.
6. PUBLIC PETITIONS
A. Public petition request by Mark Teaters to discuss non-financial support of a
new program called "Golden Gate Estates as a World Class Rural
Community" .
B. Public petition request by Joey Smith to discuss water usage at 1815
Downing Court.
C. Public petition request by Robert Caulfield to discuss water bill discrepancy.
D. Public petition request to discuss use of parking lot at Vineyards Park by
Ave Maria Law Students.
E. Public petition request by Gisela Rowley to discuss Domestic Animal
Services Mission Statement.
Item 7 and 8 to be heard no sooner than 1:00 V.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CUR-PL2009-44 SR
846 Land Trust, represented by R. Bruce Anderson of Roetzel and Andress
LPA; and Margaret Perry, AICP, of Wilson Miller, Inc., requesting a
Conditional Use Re-review (CUR) of the property commonly referred to as
Jones Mine. The conditional use (CU-2004-AR-6904) was approved on
September 29, 2009
Page 4
September 25,2007 and in accordance with condition #3, the Conditional
Use approval shall be reviewed by staff and brought back to the BZA on the
first anniversary of approval and again one year after the first anniversary
review. The subject property is located at 16000 Immokalee Road, Sections
35 & 36, Township 47 South, Range 27 East; and Sections 1 & 2, Township
48 South, Range 27 East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2007-AR-lllOO
Highland Properties of Lee and Collier, Ltd., represented by D. Wayne
Arnold, AICP ofQ. Grady Minor and Associates, P.A., and Richard
Yovanovich of Goodlette, Yovanovich and Koester, P.A., is requesting a
rezone from the Rural Agricultural (A) zoning district with a Special
Treatment (ST) overlay to the Mixed Use Planned Unit Development
(MPUD) Zoning District for a project to be known as the Taormina Reserve
MPUD, to allow construction of a maximum of 528 residential dwelling
units and up to 262,000 square feet of commercial uses on approximately
82.51 acres. The subject property is located in the southeastern quadrant of
the Santa Barbara Boulevard Extension and Davis Boulevard (SR 84)
intersection, in Section 9, Township 50 South, Range 26 East, Collier
County, Florida. CTS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Lely Golf Estates Beautification Advisory
Committee.
10. COUNTY MANAGER'S REPORT
A. Recommendation to consider the Habitat Conservation Plan Advisory
Committees Habitat Conservation Plan application for red-cockaded
woodpeckers. (Laura Roys Gibson, Sr. Environmental Specialist,
Engineering and Environmental Services Department, CDES)
B. Recommendation that the Board of County Commissioners direct the
County Manager or his designee to initiate all prudent and sufficient
measures including processing of all necessary FY 2010 budget amendments
September 29, 2009
Page 5
to ensure that the Board's General Fund (001) has sufficient cash available
and on hand at October 1, 2009 to meet Collier County's operational
expense obligations until such time when the first ad valorem property tax
receipts are received. (Mark Isackson, Office of Management and Budget)
C. This item to be heard at 10:15 a.m. Presentation by designated stakeholder
organizations recommending that the Board of County Commissioners
review an ordinance creating a mandatory code inspection of foreclosed and
vacant single family residences which requires owners of vacant single
family residential property who have acquired title through foreclosure or
through a deed in lieu of foreclosure to obtain an inspection report relating to
the subject property's existing zoning and the permitted uses of said zoning,
and confirm that all existing structures on said property have the necessary
permits and are in compliance with permitting requirements, and to disclose
the report prior to subsequent sale, consistent with the Board of County
Commissioners previous direction. (Joe Schmitt, Community Development
Administrator)
D. This item to be heard at 11 :00 a.m. The Annual Performance Appraisal for
the County Manager. (Jim Mudd, County Manager)
E. This item to be heard immediately followin2: Item 10D. Review and
approve the FY2010 Annual Work Plan for the County Manager. (Jim
Mudd, County Manager)
F. This item to be heard at 3:00 p.m. A presentation to the Board of County
Commissioners regarding the Collier County Intersection Safety Ordinance
(Ord. 2008-22) and resultant use of Red Light Running Cameras for
enforcement. Presentation to be made by BCC staff from the Traffic
Operations Department and the Collier County Sheriffs Office. (Time
certain requested by Commissioner Coletta) (Norman Feder, Transportation
Services Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. The annual performance appraisal for the County Attorney.
September 29, 2009
Page 6
B. Recommendation that the Board of County Commissioners reviews and
approves the proposed FY 2009-2010 Action Plan for Jeffrey A. Klatzkow,
County Attorney.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra Parcel 111.
2) This item reauires that ex parte disclosure be provided by
Commission Members. Should a hearin2: be held on this item~ all
participants are reauired to be sworn in. This is a recommendation
to approve for recording the final plat of Regal Acres, approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
3) Recommendation that the Board of County Commissioners approve
the first amendment to the agreement between Collier County and the
Economic Development Council of Collier County for continuation of
the Economic Diversification Program by providing a contribution to
the EDC of up to $400,000 for Fiscal Year 2010, and authorizing the
Chairman of the Board of County Commissioners to sign the
amendment on behalf of Collier County.
September 29, 2009
Page 7
4) Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action
entitled Everardo G. Guzman and Graciela Guzman, Case No.
2007030278 relating to property located at 510 Auto Ranch Road,
Naples, Florida.
B. TRANSPORTATION SERVICES
1) Recommendation to adopt a resolution authorizing the condemnation
of land and easements necessary for the construction of roadway,
drainage and utility improvements required for the extension of
Valewood Drive from Immokalee Road to Autumn Oaks Lane.
(Northbrooke Drive/Valewood Drive Extension Phase 1, Project No.
60106.) Estimated fiscal impact: $875,000.00.
2) Recommendation to approve the October 2009 Collier County Transit
Development Plan Annual Progress Report.
3) Recommendation to approve the adoption of the Collier Metropolitan
Planning Organizations (MPO) Public Involvement Participation Plan
(PIP) as the Collier Area Transit (CAT) Public Involvement
Participation process to be followed for all grants and major service
modifications.
4) Recommendation to approve award of Contract #09-5229 (Services
for Collier County Signal Retiming Project) to Vanus, Inc. for
development of coordinated arterial traffic signal intersection retiming
on State Roadways in Collier County, at a fee of$269,536.30 to be
reimbursed through a Joint Project Agreement with the Florida
Department of Transportation.
5) Recommendation to approve the contract between Collier
Metropolitan Planning Organization (MPO) and Tindale Oliver and
Associates (TOA) for the Transit Development Plan (TDP) Major
Update in an amount of$129,550.
6) Recommendation to terminate contract awarded to Big Tree, Inc., for
Bid #09-5194 Collier County Right-of-Way (ROW) Median Mowing
September 29, 2009
Page 8
& Maintenance Annual Contract in the amount of$124,240.00.
7) Recommendation that the Board of County Commissioners approves
the Line Relocation Cooperation Agreement with the Orange Tree
Utility Company and authorize the Chairman to sign the Agreement.
Project #60044.
8) Recommendation to award Bid #09-5207 Consulting Services for the
Collier Area Transit (CAT) Program to CH2MHILL, PB Americas
Inc., Renaissance Planning Group, Tindale-Oliver & Associates, Inc.,
and Wilbur Smith Associates to provide a variety of professional
consulting services for Collier Area Transit.
9) Recommendation that the BCC approve Modification No.8 with
change orders in the amount of $17,955.00 to contract #06-3962
Cityview software for CDES to include Transportation's ROW
Permitting section.
C. PUBLIC UTILITIES
1) Recommendation to approve the Right of Entry form to document
Collier County's agreement with certain private property owners for
improvement of private driveways for the purpose of providing
turnarounds for Waste Management Inc. of Florida's trucks in areas
that do not provide adequate turnaround access on public roads, as
provided for in the Franchise Agreement between Collier County and
Waste Management Inc. of Florida, at an estimated cost not to exceed
$4,000, Project No. 59001.
2) Recommendation to Award Bid #09-5258, the South County Water
Reclamation Facility Odor Control Facilities Upgrades, to Douglas N.
Higgins, Inc., in the base bid of$474,332.00 for Project No. 73969.
3) Recommendation that the Board of County Commissioners, ex officio
of the Collier County Water-Sewer District, approve and authorize the
Chair to execute the attached inter-local agreement with the North
Naples Fire Control and Rescue District for the Collier County Water-
Sewer District to assume ownership of the fire hydrants now owned
and maintained by the North Naples Fire Control and Rescue District
September 29, 2009
Page 9
(excluding any fire hydrants behind master meters), together with the
ongoing responsibility for maintenance, repair, and replacement; and,
authorize the County to accept a Bill of Sale.
4) Recommendation that Board of County Commissioners of Collier
County, Florida as Ex-officio the Governing Board of the Water-
Sewer District Approve a Resolution Approving an Amendment to the
Collier County Water-Sewer Districts Utilities Standards Manual.
5) Recommendation to 1) adopt a Supplemental Bond Resolution
authorizing the Collier County Water-Sewer District (District) to incur
a fixed interest rate, bank-qualified tax-exempt term loan (the "Term
Loan") through the issuance of its Water and Sewer Refunding
Revenue Bond, Series 2009 (the Bond) in the amount not to exceed
$12,000,000 in order to provide for the refunding of the Districts
outstanding Water and Sewer Refunding Revenue Bonds, Series
1999B, 2) approve JPMorgan Chase Bank, N.A. as the qualified
financial institution to provide the Term Loan and purchase the Bond
and 3) approve necessary budget amendments.
6) Recommendation to approve the annual rate resolution to establish the
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling center fees,
residential multi-family and commercial waste collection fees for
FY10. This resolution adopts the rates that fund the FY10 budget for
solid waste collection and disposal.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners award
Bid #09-5279 in the amount of $53,310 to Blossoms, Inc., for the
Sport Field Renovation of Eagle Lakes Community Park and Golden
Gate Community Park and approve the necessary budget amendment.
2) Recommendation the Board of County Commissioners accept the
donation of$29,412 from Pelican Bay Property Owner's Association
and North Naples Community Alliance that provides funds to open
the Vanderbilt Beach Branch Library on Fridays, October 1, 2009
September 29, 2009
Page 10
thm March 31, 20 I 0, and approve necessary budget amendment.
3) Recommend that the Board of County Commissioners approve and
authorize Chairman to sign an Interlocal Agreement between Collier
County and City of Naples for Clam Bay Water Quality Study for
$23,644 to fund the Development of a Water Quality Monitoring
Program.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a modification to Disaster
Recovery Initiative Agreement #07DB-3V -09-21-0 1-Z0 1 between the
Florida Department of Community Affairs and Collier County and
associated contract amendments with sub-recipients. This
modification will update the current project work schedules and
extend the grant periods.
5) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign contract amendments with the
Area Agency on Aging for State funded General Fund grant programs
for Senior's, as it relates to the schedule for invoice and advance re-
payments.
6) Recommendation to accept the Health Care and Other Facilities
Special Congressional Initiative from the United States Department of
Health and Human Services in the amount of$14l,570.00 and
approve the necessary budget amendment to recognize the revenue.
7) Recommendation to award the Request for Quote (RFQ) #09-5315 to
Aylesworths Fish and Bait, Inc. for delivery of frozen bait for Collier
County Marinas.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the renewal of the Group Dental
Insurance program through Cigna Dental Plan, Inc. for a one year
period effective January 1, 2010.
September 29, 2009
Page 11
2) Recommendation to implement a change to the Long Term Disability
Insurance program to avoid the taxation of disability proceeds.
3) Recommendation to approve an Amendment to Agreement for Sale
and Purchase (Amendment) with Mark Bain, Esquire/Personal
Representative on Behalf of the Estate of Tessie Colluccio for 1.59
acres under the Conservation Collier Land Acquisition Program at no
additional cost to the County.
4) Recommendation to approve an Interim Management Plan for the
Pepper Ranch Preserve under the Conservation Collier Land
Acquisition Program and direct the County Manager, or his designee,
to implement the plan.
5) Recommendation that the Board of County Commissioners approves
the United States Department of Energy (DOE) Energy Efficiency
Conservation Block Grant award for American Recovery and
Reinvestment Act (ARRA) funding in the amount of $3,036,000.
6) Recommendation to approve the purchase of Liability, Automobile,
Workers Compensation, Flood, Aircraft, and other insurance and
related services for FY 2010 in the amount of $1,826,930, a reduction
of$45,858 below the FY 2009 actual cost. (Jeff Walker, Risk
Management Director)
F. COUNTY MANAGER
1) Recommendation to approve an Agreement between Collier County
and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical
Examiner d/b/a District Twenty Medical Examiner, Inc. to provide
medical examiner services for Fiscal Year 2010 at a cost of
$1,093,500.
2) Recommendation that the Board of County Commissioners approves a
Cultural, Heritage and Nature Tourism Grant from the Florida
Commission on Tourism and VISIT FLORIDA for development of a
Cultural Arts and Heritage brochure for Collier County in the amount
of $5,000 and approves all necessary budget amendments.
September 29, 2009
Page 12
3) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign nine (9) FYI0 Tourist
Development Tax Category C-2 Grant Agreements totaling $571,000
subject to funding availability.
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign two grant agreements for FYI 0
Tourist Development Tax Category B Grants totaling $49,000.
5) Recommendation to authorize cash amounts to be allocated on
September 30, 2009 for the parity Debt Service Reserve Account
associated with the County's Capital Improvement Revenue Bonds
(Series 2002/2003/2005) in an amount not exceeding $11,543,806.
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
7) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
8) Recommendation to approve budget amendments appropriating
$276,351,171.83 of unspent FY 2009 grant and project budgets into
fiscal year 2010.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute Commercial Building Improvement Grant
Agreement(s) between Collier County Community Redevelopment
Agency and Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment area (1765 Commercial Drive).
2) Recommendation that the Community Redevelopment Agency (CRA)
approve CRA staff attendance at Florida Brownfield's Association
2009 Annual Conference; authorize payment of attendees registration,
lodging, travel and per diem from the Bayshore Gateway Triangle
Trust Fund (Fund 187) travel budget; and declare the training received
September 29, 2009
Page 13
as serving a valid public purpose.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Susan G. Komen for the Cure Breast Cancer Awareness
Kickoff Reception on Thursday, October 1,2009, in Naples, Florida.
$15.00 to be paid from Commissioner Halas' travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the United Way of Collier County 2009 Campaign Kick-off
Breakfast meeting on Thursday, October 1, 2009, at the Hilton
Naples. $20.00 to be paid from Commissioner Halas' travel budget.
3) Recommendation to adopt a Resolution supporting the not-for-profit
Immokalee Foundation in obtaining contributions to promote
entrepreneurial and job development skills and opportunities for youth
of Immokalee through the Florida Office of Tourism, Trade and
Economic Development Community Contribution Tax Credit
Program.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners approve
the use of Confiscated Trust Funds for improving conditions
conducive to youth related programs held at Collier County Junior
Deputies League's Camp Discovery.
2) To obtain Board approval for disbursements for the period of
September 5,2009 through September 11,2009 and for submission
into the official records of the Board.
September 29, 2009
Page 14
3) To obtain board approval for disbursements for the period of
September 12, 2009 through September 18, 2009 and for submission
into the official records of the board.
4) Recommendation that the Board of County Commissioners authorize
the Collier County Supervisor of Elections to accept federal election
activities funds with a 15% matching contribution and that the Board
direct its Chairman to sign the Certificate Regarding Matching Funds.
K. COUNTY ATTORNEY
1) This item has been continued from the September 15~ 2009 BCC
Meetin2. Request by staff for authorization to advertise and bring
back for the Boards consideration a proposed amendment to
Ordinance No. 08-47, which addresses requirements for non-consent
law enforcement towing of vehicles, private property towing of
vehicles, storage of vehicles and maximum chargeable fees by tow
truck companies, to include provisions concerning the immobilization
of vehicles (booting) on private property and to further clarify
language in the ordinance based upon feedback and experience since
its enactment in September 2008.
2) Recommendation to amend the Legal Services Contract the Board
approved with de la Parte & Gilbert, P.A., for litigation related to
Orange Tree Utility Co. v. Collier County, Case No. 07-2333 to
clarify the Scope of Work to include providing specialized utility legal
services in connection with Orange Trees recent appeal of an entry of
summary judgment in favor of the County.
3) Authorize the making of an Offer of Judgment to Respondent, Jeanne
Fields and Donald E. Fields, for Parcel No. 1 24FEE in the amount of
$711,301 in the lawsuit styled Collier County v. Pascal J Murray, et
al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact $97,001).
4) Authorize the making of an Offer of Judgment to Respondent, Myrtle
Cove, Inc., for Parcel No. 801 in the amount of $2,000 in the lawsuit
styled Collier County v. Myrtle Cove, Inc., et aI., Case No. 07-5038
(Lely Area Stormwater Improvement Project No. 511011) (Fiscal
September 29, 2009
Page 15
Impact $1,000).
5) Authorize the making of an Offer of Judgment to Respondent, Myrtle
Preserve, LLC, for Parcel No. 809 in the amount of $24,000 in the
lawsuit styled Collier County v. Myrtle Preserve, LLC, et al., Case
No. 07-463-CA (Lely Area Stormwater Improvement Project No.
51101) (Fiscal Impact $4,400).
6) Recommendation to approve a Stipulated Final Judgment in the
amount of$30,000 for Parcel 142 in the lawsuit styled Collier County
v. Charles R. Wilson, et al., Case No. 02-5 1 64-CA (Immokalee Road
Project No. 60018). (Fiscal Impact $20,194)
7) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an amendment to Ordinance No.
91-65, as amended, relating to the Affordable Housing Advisory
Committee, so as to remove the requirement for Committee review of
all rezoning petitions.
8) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an amendment to Ordinance No.
2004-03, the Collier County Airport Authority Ordinance, to provide
for the appointment of an alternate member.
9) For the Board of County Commissioners to authorize the necessary
budget amendments and approve the filing of a civil action with the
Circuit Court of the Twentieth Judicial Circuit to recover in excess of
three million dollars and defend against a nine million dollar claim
from John Carlo, Inc. relating to deficiencies in the work performance
on Contract #05-3876, the Rattlesnake Hammock Road Six Lane
Improvements for Project No. 60169. Additionally, to authorize the
County's continued defense and pursuit of the County's counterclaim
in the Immokalee Road Litigation, Project No. 66042.
10) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to execute an Amendment to Collier
County Airport Authority Executive Director's Employment
Agreement.
September 29, 2009
Page 16
11) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an amendment to Ordinance No.
1975-16, as amended, relating to the procedure for reconsideration of
matters by the Board of County Commissioners.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reauires that ex parte disclosure be provided bv Commission
Members. Should a hearin2: be held on this item~ all participants are
reQuired to be sworn in. SNR-2009-AR-14379 Ave Maria University, Inc.,
represented by WilsonMiller, requesting to rename that portion of Assisi
Avenue that is west of Ave Maria Blvd. to Dolan Street. The subject
property is located in Section 5, Township 48 South, Range 29 East, in
Collier County, Florida.
B. This item reQuires that ex parte disclosure be provided by Commission
Members. Should a hearin2: be held on this item~ all participants are
reQuired to be sworn in. SNR-2009-AR-14380 Ave Maria University, Inc.,
represented by WilsonMiller, requesting to rename the existing Cana
Avenue to Kelleher Street. The subject property is located in Section 32,
Township 47 South, Range 29 East, in Collier County, Florida.
C. This item reQuires that ex parte disclosure be provided by Commission
Members. Should a hearin2: be held on this item~ all participants are
reQuired to be sworn in. SNR-2009-AR-14381 Ave Maria University, Inc.,
represented by WilsonMiller, requesting to rename that portion of Avila
Avenue that is west of Ave Maria Blvd. to Donahue Street. The subject
September 29, 2009
Page 17
property is located in Section 5, Township 48 South, Range 29 East, in
Collier County, Florida.
D. This item to be re-scheduled to the October 27. 2009 BCC Meetin2:. To
conduct a public hearing to review and adopt revisions to amend the Land
Development Code (Ordinance No. 04-41) to include provisions for
temporary signs to complete recent revisions to the Collier County Sign
Code (Ordinance No. 09-43) adopted by the Board of County
Commissioners at a public hearing on July 28,2009.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
September 29, 2009
Page 18
September 29, 2009
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Good morning, everyone. Thank you for
being here this morning. We always like the beginning of the meeting
because the audience is full. As soon as the presentations are done,
everybody clears out. I'd like to try and ask the people to barricade
the doors so we get to have an audience for a few hours, but they
never do.
Anyway, thank you for being here this morning. I would ask that
you all rise with me, put your hands over your hearts, and say the
Pledge of Allegiance with Frank Halas.
MR.OCHS: Ma'am, the invocation first?
MR. MUDD: Prayer invocation?
CHAIRMAN FIALA: Okay, okay. Invocation, first, excuse me.
MR. MUDD: Let us pray.
Oh Heavenly Father, we ask your blessings on these proceedings
and all who are gathered here. We ask a special blessing on this Board
of County Commissioners, guide them in their deliberations, grant
them the wisdom and vision to meet the trials of this day and the days
to come.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
Your will be done, amen.
CHAIRMAN FIALA: And now your hand over your hearts,
please.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you.
And now, Mr. Mudd, would you lead us through this agenda.
MR. MUDD: Yes, ma'am.
Page 2
September 29, 2009
CHAIRMAN FIALA: Any changes that might be there.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. MUDD: Yes, ma'am.
Agenda changes, Board of County Commissioners' Meeting,
September 29,2009.
Item 8A. Page 6 of 265 should read, "Staff has received letters of
objection from the community which are contained in the staff report
on Pages 65 through 86." Also, the subsequent pages, 87 through 100,
should be removed, as they are not part of the record for this petition.
This clarification is at staffs request.
The next item is to add on Item 9B. It's a discussion of a letter
from Donna Fiala, Chairman, Board of County Commissioners, to
Dwight E. Brock, Clerk of the Circuit Court. This item is added at
Commissioner Henning's request.
The next item is Item 12A. Additional backup material provided
for review and information for this item. That clarification's at staffs
request.
The next item is to add on Item 12C. This item to be heard at 12
noon. Notice is hereby given that pursuant to Section 286.011 (8),
Florida Statutes, the County Attorney desires advice from the Board of
County Commissioners in closed attorney-client session on Tuesday,
September 29, 2009, at a time certain of 12 noon in the
commissioners' conference room, third floor, the William Harmon
Turner Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida.
In addition to board members, County Manager James V. Mudd,
or in his absence, Department County Manager Leo Ochs, County
Page 3
September 29, 2009
Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline
W. Hubbard, will be in attendance.
The board, in executive session, will discuss strategy session
related to litigation expenditures and settlement negotiations in the
pending case of Dwight E. Brock, Clerk of Court, versus Collier
County, Florida, Board of County Commissioners of Collier County,
Florida, as ex-officio governing board of the Ochopee Area Fire
Control and Emergency Medical Care Special Taxing District, AKA
the Ochopee Fire District, Linda T. Swisher, and Paul W. Wilson, case
number 04-941-CA, consolidated with Board of County
Commissioners of Collier County, Florida, versus Dwight E. Brock
Clerk of the Circuit Court of Collier County, Florida.
The next item is an add-on item. What I just explained on 12C
was the shade session. It will be followed by a sunshine session,
which is Item 12D. Instead of having to repeat all that stuff again, it's
basically the same. The board's going to meet in the shade session at
noon, and then they will come out of the shade session at one p.m.
They will give direction to staff based on what was discussed in the
shade session in the sunshine, and that will be Item 12D.
The next item is Item 16A3, moved to 12G. It's a
recommendation the Board of County Commissioners approves the
first amendment to the agreement between Collier County and the
Economic Development Council of Collier County for continuation of
the economic diversification program providing a contribution to the
EDC of up to $400,000 for fiscal year 2010, and authorizing the
chairman of the Board of County Commissioners to sign the
amendment on behalf of the county.
CHAIRMAN FIALA: That's number lOG, Mr. Mudd?
MR. MUDD: lOG, ma'am. That used to be 16A3. And it's being
moved at Commissioner Halas' request.
The next item is Item 16A4, moved to lOR. This is a
recommendation to accept a proposed settlement providing for
Page 4
September 29, 2009
compromise and release of liens in the Code Enforcement action
entitled A verardo G. Guzmond and Graciela Guzmond, case number
2007030278, relating to property located at 510 Auto Ranch Road,
Naples, Florida. This item is being moved at Commissioner Coletta's
request.
The next item is Item 16B 1, moved to 101. This is a
recommendation to adopt a resolution authorizing the condemnation
of land and easements necessary for the construction of roadway,
drainage, and utility improvements required for the extension of
Valewood Drive from Immokalee Road to Autumn Oaks Lane.
Northbrooke DriveN alewood Drive extension, Phase I, project
number 60106. Estimated fiscal impact, $875,000. This move is at
staff s request.
This is -- this is out of the ordinary. Staff doesn't normally move
stuff from consent to the regular agenda, but this is a condemnation,
and things have to be read into the record, that's why it's being asked
to be moved.
The next item is to withdraw Item 16B6. It's a recommendation
to terminate the contract awarded to Big Tree, Inc., for bid number
09-5194, Collier County right-of-way and median mowing and
maintenance annual contract in the amount of$124,240. This item is
being withdrawn at staffs request.
The next item is to withdraw Item 16C2. It's a recommendation
to award bid number 09-5258, the South County Water Reclamation
Facility, odor control facilities upgrades, to Douglas N. Higgins, Inc.,
in the base bid amount of$474,332 for project number 73969, and that
withdrawal is at staffs request.
Brings us to the second page. Note on Item 16C5. Staff has been
notified that on September 28, 2009, IP Morgan/Chase Bank NA, has
agreed to a 2.97 percent interest rate lock through loan closing on the
tax exempt term loan that is refunding the water and sewer revenue
bond, series 1999B. This interest rate will be inserted into the second
Page 5
September 29, 2009
page of Section 5 of the resolution.
At this interest rate, the net present value savings will be
approximately $600,000, in parens, net of all insurance costs, which is
approximately 5.24 percent of the par amount of the series 1999B
bonds.
This equates to approximately $95,000 annual debt service
savings through July 1, 2016 -- to the July 1, 2016, maturity date. The
appropriate updates to the resolution will be inserted before the
documents are presented to the chairman for signature. This note and
clarification is at staffs request.
The next item is Item 16G2. The last sentence under the
considerations section should read, "This years's Florida Brownsfield
(sic) Association annual conference is November 1 through 4, 2009,"
rather than 2008. That clarification's at staffs request.
The next item is Item 16K3. The considerations of the executive
summary should read that the owners of parcels 124FEE are Jeannie
Fields and Donald E. Fields. That clarification's at staffs request.
Next item is to move Item 16K10 to 12E. It's a recommendation
the Board of County Commissioners approves and authorizes its
chairman to execute an amendment to the Collier County Airport
Authority executive director's employment agreement. This item is
being moved at Commissioner Henning's request.
Next item is Item 17 A. Street name change for Assisi's Avenue
to Dolan Avenue. This resolution should read that the street segment
is located west of Ave Maria Boulevard, Tract U of the Ave Maria
Phase I subdivision, to Section 5, Township 48 south, Range 29 east.
That clarification's at staffs request.
The next item, Item 1 7B. Name -- street name change for Cana
A venue to Kelleher Street. The resolution should read that the street
segment is located in Tract U of the Ave Maria Phase I subdivision in
Section 32, Township 47 south, Range 29 east.
The next item is Item 17C. Name change -- street name change
Page 6
September 29, 2009
for Avila Avenue to Donahue Street. The resolution should read that
the street segment is located in Tract U of Ave Maria Phase 1,
subdivision in Section 5, Township 48 south, Range 29 east. Again,
clarification's at staffs request.
You have a series of time-certain items today, Commissioners.
The first is Item 5C to be heard at two p.m. It's a report from the
Productivity Committee on their study of charter government, and the
time certain request for this particular item is at Commissioner
Henning's request.
The next item is Item 10C to be heard at 10: 15 a.m. It's a
presentation by designated stakeholder organizations recommending
that the Board of County Commissioners review an ordinance creating
a mandatory code inspection of foreclosed and vacant single-family
residents which requires owners of vacant single-family residential
property who have acquired title through foreclosure or through a
deed in lieu of foreclosure to obtain an inspection report relating to the
subject property's existing zoning and the permitted uses of said
zoning and confirm that all existing structures on said property have
the necessary permits, are -- and are in compliance with permitting
requirements, and to disclose the report prior to subsequent sale
consistent with the Board of County Commissioners' previous
direction.
The next time-certain item is Item 10D to be heard at 11 a.m. It's
the annual performance appraisal for the County Manager.
Item 10E to be heard immediately following 10D, and that's to
review and approve the FYI0 annual work plan for the County
Manager.
The next time-certain item is Item 10F to be heard at three p.m.
A presentation to the Board of County Commissioners relating -- or
excuse me -- regarding the Collier County intersection safety
ordinance, ordinance 2008-22, and resultant use of red light running
cameras for enforcement. The presentation to be made by BCC staff
Page 7
September 29, 2009
from the traffic operations department and the Collier County Sheriffs
Office.
That's all the changes that I have, Madam Chair and
Commissioners.
CHAIRMAN FIALA: Thank you, Mr. Mudd.
And County Attorney, do you have any changes to the agenda?
MR. KLA TZKOW: I do not; however, I've just received an
email from the Clerk's Office requesting that 16C5, which Mr. Mudd
just read, include in his resolution both a board resolution as well as
the CWS resolution. So that will be Resolution 2009 dash blank/CWS
Resolution 2009 dash blank. And this is just for recordkeeping
purposes.
CHAIRMAN FIALA: Thank you. Thank you very much.
Nothing else, right?
Okay. Commission members, do we have any changes or
additions to the agenda or any ex parte on the summary or consent
agenda?
We'll start with you, Commissioner Coyle.
COMMISSIONER COYLE: Madam Chair, I have no further
changes to the agenda. I have no ex parte disclosure for the consent
agenda or the summary agenda.
CHAIRMAN FIALA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Good morning, Madam Chair.
I have no further changes to today's agenda, and I have no ex
parte for either the consent agenda or the summary agenda.
CHAIRMAN FIALA: Thank you very much.
Commissioner Henning?
COMMISSIONER HENNING: A question on 16C5. Is that for
new capital projects or existing continuation of the bonding? If we
could just answer that, I don't have to pull that item.
MR. WIDES: Commissioners, for the record, Tom Wides,
Page 8
September 29, 2009
operations director, public utilities. This is simply refinancing
outstanding debt at a lower interest rate to generate present value and
cash flow savings.
COMMISSIONER HENNING: Thank you.
MR. WIDES: You're welcome.
COMMISSIONER HENNING: I would like to move 16C6,
16F8, and 17F to the regular agenda.
Also, Commissioners, October 1 starts a new fiscal year for the
Board of Commissioners and the constitutional officers in Collier
County, well, State of Florida. We will not have anybody to write
checks to our employees or our vendors starting October I. We will
not have anybody to take our minutes.
I would like to try one more time -- and I think there's new
information that wasn't presented to the Board of Commissioners in
the shade session -- that we can resolve this issue with the Clerk of
Courts and allocate some money for his budget.
So I would like to have that also added to the agenda, Madam
Chair, and I also would like to have that a time certain.
CHAIRMAN FIALA: Okay. So you want to add four different
items, take the three off of the consent agenda and add them onto the
regular agenda, and then add another item; is that correct?
COMMISSIONER HENNING: Correct. And that is the Clerk
of the Court's budget.
CHAIRMAN FIALA: I would love to see something solved. If
you have a -- if you have something worked out and you feel that it's
something that we can all work on together, I would say, go for it.
How about other board members?
COMMISSIONER COLETTA: I'd very much like to have this
see the light of day.
CHAIRMAN FIALA: Yes, me too. Okay.
COMMISSIONER HENNING: Could be a 9 item, and if we
could figure out a time certain on that, get the clerk here.
Page 9
September 29, 2009
CHAIRMAN FIALA: I thought we'd get out at six o'clock. I
don't think we will.
COMMISSIONER HENNING: We can make it six.
COMMISSIONER COLETTA: Yeah.
MR. MUDD: Okay. Let me -- first of all, 16C6 would go to 10J.
16F --
CHAIRMAN FIALA: Wait just a second. Takes me a little bit
longer. 10J?
MR. MUDD: 10J would be 16C6.
COMMISSIONER HENNING: And that won't take long.
MR. MUDD: 10K will be 16F8, and 17F would go to 8B.
COMMISSIONER COYLE: And the add-on?
MR. MUDD: And clerk's item would go to --
CHAIRMAN FIALA: 8B.
MR. MUDD: -- 9C. Okay. And you're looking for a time
certain. Do you want to try to keep them in order and say you'll hear
it -- your last time certain has to do with red light cameras at three
p.m., and that's a -- and that's a three p.m. time certain. Then you have
a series of time certains that start at 10: 15 and work their way from 11
to two, and you even have an item under 7 A and 8A so -- that starts
around one o'clock, so you're pretty well tapped. Do you want to hear
it --
CHAIRMAN FIALA: How about 4:00 or 4:30 ifthey'll-- if the
red light is at, what -- what time did you say? Three. That's going to
take us a while to get through that. I would guess that we're going to
have quite an audience for that one.
So why don't we make it either 4:00 -- I mean, Dwight's going to
be here all day long anyway -- or Crystal -- so 4:00 or 4:30. Would
that be okay? Would that be okay with you, Commissioner Henning?
COMMISSIONER HENNING: Four o'clock, yes.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: With that, I'll make a motion to
Page 10
September 29, 2009
approve the agenda as amended.
COMMISSIONER COLETTA: One more commissioner.
CHAIRMAN FIALA: Well--
COMMISSIONER HENNING: Oh, I'm sorry.
COMMISSIONER COLETTA: Then I'll allow you to do it.
CHAIRMAN FIALA: And then we have to ask for speakers.
But now 17F's been pulled, so those speakers wouldn't speak.
MS. FILSON : Yeah. I have her down to speak under 8B, but I
do have a speaker on another item.
CHAIRMAN FIALA: Okay, very good.
Commissioner Coletta?
COMMISSIONER HENNING: Oh, there's one more thing.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: One more thing, I apologize.
Somebody pointed out to me today that wanted to speak under
presentations, and they pointed out to me on our agenda, it says, all
persons wishing to speak on any agenda item must prior -- register
prior to speaking. The speaker must register with the County Manager
prior to the presentation of the item to be addressed.
Now, I know historically that we said under, you know, like
presentations and some other items that we don't allow public
speakers. Even under public speakers we don't allow somebody else
to speak. But I think we need to honor what is told to the public and
then ask our staff to correct what is written on our agenda.
CHAIRMAN FIALA: I agree with you. And Sue Filson
contacted me before the meeting started and told me the same thing.
And so I've said, you know, as long as that's what it said -- and we're
always interested to have the public speak anyway.
COMMISSIONER HENNING: Well, maybe we ought to just
leave it the way it is.
CHAIRMAN FIALA: Well, you know though, then what we're
going to do is have petitions -- we're going to have speakers on every
Page 11
September 29, 2009
petition and we're going to --
COMMISSIONER HENNING: I understand.
CHAIRMAN FIALA: -- you know, and so I think we have to
have some sense of order. But being that that -- it says that today, I
told Sue, please just accept them. And so I'm glad you brought that to
our attention.
And, Leo, maybe you can fix that up for us for future meetings.
COMMISSIONER HENNING: Thanks for your patience.
COMMISSIONER COLETTA: Oh, you mean you haven't gone
yet?
COMMISSIONER HENNING: No.
COMMISSIONER COLETTA: I appreciate you thanking me
for my patience.
Okay. First -- oh, by the way, good morning, Madam Chair.
CHAIRMAN FIALA: Good morning, Commissioner Coletta.
COMMISSIONER COLETTA: Yes. I have no -- nothing to
declare under ex parte. I do have one change to the agenda that I'd
like to see take place, and that would be to continue the Jones Mine
approval to the next meeting, that's 7 A. And the reason for that being
is that our staff sent out a notification to the neighbors in the area, and
they put down the wrong day that the meeting was going to take place,
and it caused some confusion.
And because of that -- and I did get a phone call with a lady that
was very irate with the fact, you know, that, one, she didn't receive a
notice herself personally and, two, the notice she got from her
neighbors had down Thursday rather than Tuesday, and all sorts of
confusions. And we can never be sure that we're going to have the
people in the audience that need to be here to be able testify.
So with that, I'd like to see that moved to the next agenda. That's
Item 7 -- 7A.
CHAIRMAN FIALA: Do we have to check with the Jones
Mining people?
Page 12
September 29, 2009
COMMISSIONER COLETTA: I already did. They -- we
thought staff was going to do it, but they didn't. They left it for me
this morning to take care of.
CHAIRMAN FIALA: Oh, okay. So you've taken care of that.
Okay. Can we just then continue that till the next meeting?
MR. MUDD: Yes, ma'am, 7A, next meeting.
CHAIRMAN FIALA: Okay, very good. Thank you,
Commissioner Coletta.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: And I have also nothing to declare, no
changes to the agenda.
Do we have any speakers on the consent agenda or summary
agenda before we motion to approve?
MS. FILSON: Yes, ma'am. I have one person, Brian Mayberry,
who would like to speak on 16K 1, and Marcia Cravens has come up
and said she not only wants to speak on 17 A (sic), she wants to
address the consent agenda in general.
CHAIRMAN FIALA: Okay. But now she can't speak on 17F
(sic) because --
MS. FILSON: No, that's moved to 8B, and I have her marked to
speak under 8B.
MR. MAYBERRY: Good morning, Madam Chairman. Thank
you, Board. My name is Brian Mayberry. I represent the White Stone
Group. I wanted to speak on behalf of the -- there's a new amendment
for the towing ordinance that deals with vehicle immobilization.
We've recently been working with the Sheriff s Department to
amend the bill. Currently how the amendment is written, it basically
mirrors that of the towing ordinance. When you're looking at vehicle
immobilization versus towing, it's a very different process of what's
involved.
The other -- probably the biggest thing that we have an issue with
on that is -- how it's written in the statute is, they are looking -- they
Page 13
September 29, 2009
wrote it basically how they deal with vehicle immobilization for DUI
offenses wherein, when a vehicle is mobilized for ten, 30, or 90 days,
there is a $22-per-day amount that they charge to immobilize that
vehicle.
What we're doing is we are performing vehicle immobilization
service on private property that is similar to that of a tow that falls
under 715.
So we are performing a service that falls more in line with what a
private property tow would be. So right now we are currently working
with the Sheriffs Office to rewrite this. So it's up to you if you want
to pull this, you know, before it's advertised and we come back to you
with a full bill that's properly written.
But that's basically what our position is, is right now the
$22-a-day fee is not in line with what's appropriate for the market.
Thank you.
MS. FILSON: And your next speaker--
CHAIRMAN FIALA: Oh, Commissioner Halas.
COMMISSIONER HALAS: Yes. County Attorney, could you
opine on this?
MR. KLATZKOW: Yeah. I thought everything had been
worked out prior. Apparently it hasn't. We just want to bring the
board an ordinance that everybody is satisfied with. I don't mind
putting it over. I mean, it's mostly a Sheriffs matter, so I'd like to hear
from the Sheriffs if they're here on the issue. But we're okay with that.
COMMISSIONER HALAS: Okay, thank you.
CHAIRMAN FIALA: They just want more money to put the
boot on, right?
MR. KLA TZKOW: Sounds that way.
CHAIRMAN FIALA: I mean, let's put it where it is.
And the other speaker, please?
MS. FILSON: The other speaker--
MR. MUDD: Just for clarification, ma'am, if we could. We're
Page 14
September 29, 2009
basically -- or the petitioner is asking that the item be continued; is
that correct?
MR. KLATZKOW: That's what he's asking.
MR. MUDD: Okay. I just want to make sure I've got it right.
CHAIRMAN FIALA: Commissioners, how do you feel about
that?
COMMISSIONER COYLE: It's okay with me.
COMMISSIONER HALAS: It's okay.
CHAIRMAN FIALA: Yeah. Commissioner Henning?
COMMISSIONER HENNING: Y eah. You know, I don't want
to create an ordinance that's going to create a burden on our residents.
And I just want to tell that person -- he's probably not lobbying, a
registered lobbyist -- that there's a problem in the industry. And I'm
not going to create more problems for our residents by -- for his client.
So when it does come back, that's going to be my concerns.
CHAIRMAN FIALA: Thank you. Okay. So commissioners say
to continue it?
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: Okay.
MS. FILSON: And do you want to hear from the other speaker,
ma'am?
CHAIRMAN FIALA: Yes, please.
MS. FILSON: Marcia Cravens.
MS. eRA YENS: Good morning, Commissioners. I just want to
thank you for the opportunity to speak openly and participate in our
government.
I truly treasure that, as I know other residents of Collier County
do. I think each of you encourage the constituents to participate in our
local government.
I've personally met with many of you and found Commissioner
Coyle, Coletta, Fiala, and Henning to be welcoming and outstandingly
inclusive for those in and out of your districts for those issues that are
Page 15
September 29, 2009
important to us.
It is a little incongruent then that there seems to be a trend here
where the regular agenda is shrinking and the consent and summary
items are growing. This is a perfect example on your agenda today,
there's only three pages of regular agenda items and seven of consent
and summary items, which is a little dismaying because it doesn't
seem to be in keeping with your outstanding service where you do
encourage participation and discussion.
I don't know who decides what items would be regular agenda
and which ones would be consent or summary, but I would ask that
maybe you have staff look at this because it just doesn't seem
consistent with your service and your encouragement for discussion.
And that's, you know -- the fact that Item 17F and others have to
be taken from consent or summary and we have to ask that it go on
regular agenda is, you know, of some concern. Thank you.
CHAIRMAN FIALA: Thank you, Ms. Cravens.
Okay. Commissioners?
COMMISSIONER HENNING: Madam Chair, I make a motion
to approve today's agenda as amended.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second. Do
you need to know who the motion makers were?
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
Page 16
September 29, 2009
(No response.)
CHAIRMAN FIALA: Thank you very much.
Before we move any further, are there -- how many people are in
the audience here to speak on the EDC issue? Oh, okay, fine.
COMMISSIONER COLETTA: There we go.
CHAIRMAN FIALA: Just one. Okay. We didn't know whether
to move that up. We didn't know if we had an audience full of people,
and we certainly wanted to make sure that we -- but there's only one,
so we can just proceed then with the agenda as it is.
Page 1 7
Agenda Changes
Board of County Commissioners Meeting
September 29, 2009
Item 8A: Page 6 of 265 should read: "Staff has received letters of objection from the community, which are contained in the
staff report on pages 65-86." Also, the subsequent pages, 87-100, should be removed as they are not part of the record for
this petition. (Staff's request.)
Add On Item 9B: Discussion of letter from Donna Fiala, Chairman, Board of County Commissioners to Dwight E. Brock, Clerk
of the Circuit Court. (Commissioner Henning's request.)
Item 12A: Additional backup material provided for review and information for this item. (Staff's request.)
Add On Item 12C: This Item to be heard at 12:00 Noon. Notice is hereby given that pursuant to Section 286.011(8}, Fla. Stat.,
the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY,
SEPTEMBER 29, 2009, at a time certain of 12:00 noon in the Commission Conference Room, 3rd Floor, W. Harmon Turner
Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County
Manager James V. Mudd (or in his absence, Deputy County Manager Leo Ochs), County Attorney Jeffrey A. Klatzkow and
Litigation Section Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss:
Strategy session related to litigation expenditures and settlement negotiations in the pending case of Dwillht E. Brock. Clerk
of Courts v. Collier County. Florida. Board of County Commissioners of Collier County. Florida. as Ex-Officio Governinll Board
of The Ochopee Area Fire Control & Emerllency Medical Care Special Taxinll District. A/KI A The Ochopee Fire District; Linda T.
Swisher and Paul W. Wilson. Case No. 04-941-CA consolidated with Board of County Commissioners of Collier County. Florida
vs. Dwillht E. Brock. Clerk of the Circuit Court of Collier County. Florida.
Add On Item 120: This item to be heard at 1:00 p.m. For the Board of County Commissioners to provide direction to the
County Attorney regarding strategy related to litigation expenditures and settlement negotiations in the pending case of
Dwillht E. Brock. Clerk of Courts v. Collier Countv. Florida. Board of County Commissioners of Collier County. Florida. as Ex-
Officio Governinll Board of The Ochopee Area Fire Control & Emerllency Medical Care Special Taxinll District. A/KI A The
Ochopee Fire District; Linda T. Swisher and Paul W. Wilson. Case No. 04-941-CA consolidated with Board of County
Commissioners of Collier County. Florida vs. Dwillht E. Brock. Clerk of the Circuit Court of Collier County. Florida.
Item 16A3 moved to lOG: Recommendation that the Board of County Commissioners approves the first amendment to the
agreement between Collier County and the Economic Development Council of Collier County for continuation of the
Economic Diversification Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2010, and
authorizing the Chairman of the Board of County Commissioners to sign the amendment on behalf of the County.
(Commissioner Halas' request.)
Item 16A4 moved to 10H: Recommendation to accept a Proposed Settlement providing for Compromise and Release of Liens
in the Code Enforcement Action entitled Everardo G. Guzman and Graciela Guzman, Case No. 2007030278 relating to
property located at 510 Auto Ranch Road, Naples, Florida. (Commissioner Coletta's request.)
Item 16B1 moved to 101: Recommendation to adopt a resolution authorizing the condemnation of land and easements
necessary for the construction of roadway, drainage and utility improvements required for the extension of Valewood Drive
from Immokalee Road to Autumn Oaks Lane. (Northbrooke Drive{Valewood Drive Extension Phase 1, Project No. 60106.)
Estimated fiscal impact: $875,000.00. (Staff's request.)
Withdraw Item 16B6: Recommendation to terminate the contract awarded to Big Tree, Inc., for Bid #09-5194 Collier County
Right-of-Way (ROW) and Median Mowing and Maintenance Annual Contract in the amount of $124,240.00. (Staff's request.)
Withdraw Item 16C2: Recommendation to award Bid No. 09-5258, the South County Water Reclamation Facility Odor
Control Facilities Upgrades to Douglas N. Higgins, Inc., in the base bid amount of $474,332.00 for Project No. 73969. (Staff's
request.)
9/29/2009 8:24 AM
Note on Item 16C5: Staff has been notified that on September 28, 2009, J.P. Morgan Chase Bank, N.A., has agreed to a 2.97%
interest rate lock through loan closing on the tax exempt term loan that is refunding the Water and Sewer Revenue Bond,
Series 1999B. This interest rate will be inserted into the second paragraph of Section 5 of the resolution. At this interest
rate, the net present value savings will be approximately $600,000 (net of all issuance costs), which is approximately 5.24% of
the par amount of the Series 1999B bonds. This equates to approximately $95,000 annual debt service savings through the
July 1, 2016 maturity date. The appropriate updates to the Resolution will be inserted before the documents are presented
to the Chairman for signature. (Staff's request.)
Item 16G2: The last sentence under the Considerations section should read, "This year's Florida Brownfields Association's
Annual Conference is November 1-4, 2009 (rather than 2008). (Staffs request.)
Item 16K3: The Considerations section of the executive summary should read that the owners of parcel 124FEE are Jeannie
Fields and Donald E. Fields. (Staff's request.)
Move Item 16K10 to 12E: Recommendation that the Board of County Commissioners approves and authorizes its Chairman
to execute an amendment to Collier County Airport Authority Executive Directors Employment Agreement. (Commissioner
Henning's request.)
Item 17A: Street name change for Assisi Avenue to Dolan Street: The resolution should read that the street segment is
located west of Ave Maria Boulevard in Tract U of the Ave Maria Phase One Subdivision in Section 5, Township 48 South,
Range 29 East. (Staff's request.)
Item 17B: Street name change for Cana Avenue to Kelleher Street: The resolution should read that the street segment is
located in Tract U of the Ave Maria Phase One Subdivision in Section 32, Township 47 South, Range 29 East.
Item 17C: Street name change for Avila Avenue to Donahue Street: The resolution should read that the street segment is
located in Tract U of the Ave Maria Phase One Subdivision in Section 5, Township 48 South, Range 29 East. (Staff's request.)
Time Certain Items:
Item 5C to be heard at 2:00 D.m. Report from the Productivity Committee on their study of Charter Government.
(Commissioner Henning's request.)
Item 10C to be heard at 10:15 a.m. Presentation by designated stakeholder organizations recommending that the Board of
County Commissioners review an ordinance creating a mandatory code inspection of foreclosed and vacant single family
residences which requires owners of vacant single family residential property who have acquired title through foreclosure or
through a deed in lieu of foreclosure to obtain an inspection report relating to the subject property's existing zoning and the
permitted uses of said zoning, and confirm that all existing structures on said property have the necessary permits and are in
compliance with permitting requirements, and to disclose the report prior to subsequent sale, consistent with the Board of
County Commissioners previous direction.
Item 100 to be heard at 11:00 a.m. The Annual Performance Appraisal for the County Manager.
Item 10E to be heard immediatelv followinR 100: Review and approve the FY 2010 Annual Work Plan for the County
Manager.
Item 10F to be heard at 3:00 D.m. A presentation to the Board of County Commissioners regarding the Collier County
Intersection Safety Ordinance (Ord. 2008-22) and resultant use of Red Light Running Cameras for enforcement. Presentation
to be made by BCC staff from the Traffic Operations Department and the Collier County Sheriffs Office.
9/29/2009 8:24 AM
September 29, 2009
Item #3A
SERVICE AWARD - 20 YEAR RECIPIENT-JAMES MAULDEN,
SOLID WASTE - PRESENTED
MR. MUDD: Yes, ma'am. That brings us to the service awards,
employee and advisory board members.
The first awardee -- ma'am, are you going to do that down there,
or you going to do it from the dais?
CHAIRMAN FIALA: Do you want to go down?
COMMISSIONER HALAS: Sure.
CHAIRMAN FIALA: Okay.
We must have gotten the message today, we're all wearing dark
jackets.
MR. MUDD: Commissioner, the first awardee is a 20-year
awardee, and that goes to James Maulden for 20 years in solid waste.
(Applause.)
COMMISSIONER COYLE: James, congratulations. Thank you
very much.
COMMISSIONER HALAS: Nice job.
CHAIRMAN FIALA: Twenty years. You hardly look old
enough to have 20 years.
COMMISSIONER COLETTA: Twenty years, that's amazing.
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: Just so we can take your picture.
(Applause.)
Item #3B
SERVICE AWARDS - 25 YEAR RECIPIENTS - JOHN
AUGUSTYN, WATER DEPARTMENT AND JUDI BODINE,
COUNTY MANAGER'S OFFICE - PRESENTED
Page 18
September 29, 2009
MR. MUDD: And that will bring us to our 25-year awardees.
Our first is John Augustyn from the water department.
(Applause.)
COMMISSIONER COYLE: Congratulations.
COMMISSIONER HALAS: Thank you very much for your
.
serVIce.
CHAIRMAN FIALA: Thank you for being with us so long.
COMMISSIONER COLETTA: The next 25 will be a lot easier.
MR. AUGUSTYN: Oh, yeah.
COMMISSIONER HENNING: Congratulations.
(Applause.)
MR. MUDD: And our last awardee for today, a 25-year
awardee, is Judi Bodine from the County Manager's Office.
(Applause.)
COMMISSIONER COYLE: Judi, thank you very much.
MS. BODINE: Thank you, Commissioners.
COMMISSIONER COLETTA: Thank you so much.
MS. BODINE: Thank you. Thank you so much.
(Applause.)
MS. BODINE: Thank you.
(Applause.)
MR. MUDD: That's it for the awardees.
I terns #4 A thru #4 H
PROCLAMATIONS: ONE MOTION WAS TAKEN TO ADOPT
ALL OF THE PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING OCTOBER 3, 2009 AS
Page 19
September 29, 2009
COLLIER COUNTY BRANCH NAACP 27TH FREEDOM FUND
AND NATIONAL NAACP CENTENNIAL DAY. ACCEPTED BY
DIANE HAYNES, CHAIR, FREEDOM FUND DINNER, HAROLD
WEEKS, PRESIDENT, NAACP AND RHONDA CUMMINGS,
MEMBERSHIP CHAIR~ NAACP - ADOPTED
That brings us to the proclamation section of your agenda. The
first proclamation is designating October 3, 2009, to the Collier
County Branch NAACP 27th Freedom Fund and the National
NAACP Centennial Day, to be accepted by Diane Haynes, Chairman
of the Freedom Fund Dinner; Harold Weeks, president of the NAACP;
Rhonda Cummings, membership chair of the NAACP.
Ladies and gentlemen, if you'd like to come forward, please.
(Applause.)
CHAIRMAN FIALA: Come on down. I am so sorry I won't be
able to make your banquet this year. I was scheduled for something
else.
COMMISSIONER COLETTA: Don't forget to give a plug for
the auction. You're doing fine. You can take off your shoes if you
want.
CHAIRMAN FIALA: Hi, how are you?
COMMISSIONER COYLE: Good morning.
CHAIRMAN FIALA: Oh, there we go. See, a rose among two
orchids.
(Applause.)
MR. MUDD: Our next -- oh, go ahead, sir. If you'd like to,
please.
MR. WEEKS: Oh, of course, I have to say something.
Last year, I guess it was last year -- time goes so quickly. I
questioned our photographer, what happens to the pictures, all these
pictures, all these pictures that are taken?
COMMISSIONER COYLE: We sell them.
Page 20
September 29, 2009
MR. WEEKS : Yep. I found out. I received one, I immediately
framed it and hung it on my study wall, and it was absolutely
excellent.
But I want to thank -- as usual, I want to thank you for your
recognition and support, not only this year, but years past and
hopefully years to come. I enjoy being here. It's the only time I get to
wear some of my best clothes, and hopefully we'll continue to work
together. We haven't had much ofa chance, but I know we will.
And I want to thank you again, and I want to turn it over to my
chairlady for the Freedom -- 27th Freedom Fund Banquet, and my
membership lady if she wishes to say anything. Time is in a
constraint here. Thank you.
MS. HAYNES: Hello. I'm Diane Haynes. I am the chair of the
Collier County Freedom Fund Banquet. Again, I just would like to
invite all of you to come, but I wanted to thank you for your continued
support of the Collier County branch, NAACP. And I know that
we've been here in the past, at least this past year, regarding the MLK
parade and the mentioning celebrating the lOOth year of the NAACP,
the oldest grass-roots organization in this country.
We just wanted to thank you again. We wanted to just tell that
you our county commissioner, Jim Coletta, is going to be our celebrity
auctioneer.
COMMISSIONER COLETTA: Pull our your wallets.
MS. HAYNES: We enjoy having him. We also have a chance
for you to win a diamond. So if you could come, we'd love to have
you. Once again, thank you.
(Applause.)
MS. CUMMINGS: Good morning. The only other thing I
would like to add is that Jennifer Edwards is going to be the mistress
of ceremony. And as you-all know, she is the Supervisor of Elections
here in Collier County. So we have the county very well represented
with the NAACP. So, please come out and join us October 3rd.
Page 21
September 29, 2009
That's Saturday . We start at five o'clock, and we go on into the night.
So thank you.
(Applause.)
CHAIRMAN FIALA: And I'll just add, the banquets are always
a lot of fun and great entertainment. And you always have children
there as well. I think that -- well, they're not children anymore, are
they?
MR. WEEKS: No.
CHAIRMAN FIALA: They're students. Thanks for being here.
Item #4B
PROCLAMATION DESIGNATING THE WEEK OF OCTOBER
10,2009 AS NATIONAL WILDLIFE REFUGE WEEK.
ACCEPTED BY LAYNE HAMIL TON, PROJECT LEADER, U.S.
FISH AND WILDLIFE SERVICE - ADOPTED
MR. MUDD: The next item is 4B. It's a proclamation
designating the week of October 10,2009, as National Wildlife
Refuge Week. To be accepted by Layne Hamilton, project leader,
U.S. Fish and Wildlife Service.
(Applause.)
CHAIRMAN FIALA: We miss you on CREW. Oh, we all said
such a tribute to you the other day.
COMMISSIONER HALAS: Nice to meet you.
MS. HAMIL TON: I have a few words.
CHAIRMAN FIALA: Sure.
(Applause. )
MS. HAMIL TON: I want to thank the county commission for
this proclamation for National Wildlife Refuge Week and welcome
everybody to October 10th, the grand opening of our new public use
facility at the Ten Thousand Islands National Wildlife Refuge, and
Page 22
September 29, 2009
Commissioner Coletta will be speaking there, and I really appreciate
that and look forward to it.
So come out. We've got bird walks, kayaks, tours, all kinds of
things going on. If you need more information, call the refuge.
Thank you very much.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING OCTOBER 7,2009 AS
INTERNA TIONAL WALK TO SCHOOL DAY. ACCEPTED BY
DAVID BUCHHEIT, NANCY FRYE, STACY REV A Y, JEFF
ST AURING, CHARLES BENSON AND JOE BONNESS -
ADOPTED
MR. MUDD: The next proclamation is 4C. It's a proclamation
designating October 7, 2009, as International Walk to School Day, to
be accepted by David Buchheit, Nancy Frye, Stacy Revay, Jeff
Stauring, Charles Benson, and Joe Bonness.
(Applause.)
CHAIRMAN FIALA: Let me give you one of these, or do you
want to just pass them out, Dave?
Do you own a car?
MR. BONNESS: A lot of them actually.
(Applause.)
MR. BUCHHEIT: Good morning. I'll be really brief. For the
record, David Buchheit, Chairman of the Collier County Community
Traffic Safety Team.
According to the Agency for Healthcare Administration from
2005 to 2008, 34 kindergarten through fifth grade students were in
pedestrian-related accidents in Collier County; however, from 2005 to
2008, that number went from 15 to four.
Page 23
September 29, 2009
In that time period, we've pushed really heavily for International
Walk to School Day . We've had great support from the Sheriff s
Department, the health department, the Pathway Advisory Committee,
and the school board, as well as all of the county agencies, and I just
want to thank everybody that's involved. Thank you.
CHAIRMAN FIALA: Thank you.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING OCTOBER 10,2009 AS
PUT THE BRAKES ON FATALITIES DAY. ACCEPTED BY
GENE CALVERT, DAVID BUCHHEIT, CHARLES BENSON,
SGT. CHRIS GONZALEZ, SUSAN VIVONETTO, SGT. DAVE
CONTESSA AND LT. GREG GAFFNEY - ADOPTED
MR. MUDD: Commissioners, the next proclamation is 4D, and
it's designating October 10, 2009, as Put the Brakes on Fatalities Day,
to be accepted by Gene Calvert, David Buchheit, Charles Benson,
Sergeant Chris Gonzalez, Susan Vivonetto, and Sergeant David
Contessa and Lieutenant Greg Gaffney.
(Applause.)
CHAIRMAN FIALA: Do you want to distribute them, or do you
want me to leave them in this clip?
COMMISSIONER COLETTA: Those kind of decisions.
CHAIRMAN FIALA: I mean, these are big decisions.
Good morning.
(Applause.)
MR. CALVERT: Madam Chairman, members of the board. My
name is Gene Calvert, and I'm the section engineer manager for the
traffic operations division for the Department of Transportation
Services Division.
Page 24
September 29,2009
I'm really pleased to report that we are making our streets and
highways safer. Since 2005, we have realized a 37 percent drop in the
number of crashes in Collier County, and more importantly, a 38
percent drop in the number of fatalities during that same period. This
is really significant, because when you look at the statewide average,
the statewide average has only a 16 percent drop in the number of
fatalities. We experienced a 38 percent drop.
If we had continued the same crash rate and same fatalities rate
as we did in 2005, we would have had over 9,000 additional crashes,
9,000 additional crashes, and we would have had 21 more people die
on our highways. So we are making a difference.
How do we make our roads safer? Through what we like to refer
to as the four E's in highway safety; engineer, education, enforcement,
and emergency management. And one other one I'd like to add in
there, the fifth E, and that's everybody else.
High-rate crashes are not accidents. They are preventable. We
all have various tools in our toolbox to make our roads safer, and we
can all make a difference. We still had 34 people die on our highways
last year. We can make a difference. Let's make a big difference.
Save a life and put the brakes on fatalities. Thanks.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING OCTOBER, 2009 AS
DOMESTIC VIOLENCE AWARENESS MONTH. ACCEPTED BY
LINDA OBERHAUS, EXECUTIVE DIRECTOR, THE SHELTER
FOR ABUSED WOMEN & CHILDREN - ADOPTED
MR. MUDD: Commissioners, our next proclamation is 4E. It's
designating October, 2009, as Domestic Violence Awareness Month,
to be accepted by Linda Oberhaus, executive director of the Shelter
Page 25
September 29, 2009
for Abused Women and Children.
(Applause.)
MR. MUDD: Ms. Oberhaus, do you have a couple words?
MS. OBERHAUS: I'd like to, thank you.
Thank you, Commissioners, for designating National Domestic
Violence Awareness Month here in Collier County.
I just wanted to let the community know that the shelter will be
holding a community candlelight vigil this Thursday at five o'clock on
the stairs of the courthouse.
During that vigil, we will be paying tribute to Guerline Damas
and her five children who were recently murdered in a very tragic case
of domestic violence homicide. During the vigil, we'll be hearing
from the Collier County Sheriff, we'll be hearing from the chief of
police of Marco Island, the chief of police of Naples, and
representatives from the State Attorney's Office.
Members of the community who are interested in joining the
shelter this October for National Domestic Violence Awareness
Month can visit the shelter's website at Naplesshelter.org for a
complete listing of Domestic Violence Awareness Month activities.
Again, thank you.
(Applause.)
Item #4F
PROCLAMA TION RECOGNIZING THE SPIRIT OF
CHARITABLE GIVING IN COLLIER COUNTY BY
INDIVIDUALS WHO COMMIT THEMSELVES TO RAISING
MONEY BY VARIOUS ENDEAVORS AND FOR ONE SUCH
PERSON BY DESIGNATING SEPTEMBER 30,2009 AS
MICHAEL P AGLICCIA ENDEAVOR DAY. ACCEPTED BY
MICHAEL P AGLICCIA - ADOPTED
Page 26
September 29, 2009
MR. MUDD: That brings us to our next proclamation, which is
recognizing the spirit of charitable giving in Collier County by
individuals who have -- who commit themselves to raising money by
various endeavors, and for one such person designating September 30,
2009, as Michael Pagli- -- help me here.
CHAIRMAN FIALA: Pagliccia?
MR. PAGLICCIA: Pagliccia.
MR. MUDD: Pagliccia, thank you -- September 30, 2009, as
Michael Pagliccia Endeavor Day, to be accepted by Michael
Pagliccia.
Thank you very much for your help.
MR. PAGLICCIA: All right.
MR. MUDD: Come on up.
(Applause.)
MR. P AGLICCIA: Thank you, board members.
COMMISSIONER COYLE: Good morning, Michael.
CHAIRMAN FIALA: They stumble over the name Fiala all the
time, too.
COMMISSIONER COLETTA: Thank you for being here.
MR. PAGLICCIA: Thank you so much.
CHAIRMAN FIALA: Stay here. This is the best part, right?
(Applause.)
MR. PAGLICCIA: I see I broke the camera. This isn't a good
start.
MR. MUDD: There's always a spare.
THE VIDEOGRAPHER: It worked. Thank you.
CHAIRMAN FIALA: Thank you. Would you like to say a few
words?
MR. PAGLICCIA: Thank you, everybody. This is very
humbling, and I'm sure my kids will get a kick out of Mike Pagliccia
Day on the 30th of September. That will go down on the calendar
each year, too.
Page 27
September 29, 2009
It's just amazing to receive this, but with greatness -- anything
that anybody does, you can't do it without support. And to accept this
without recognizing team members, one of which is with me today,
Eric Brophy -- he's been with me through the survival life raft event
that I did and the underwater event that I did on 5th Avenue, and the
Sea- Doo event did last year and the one that we're doing tomorrow.
And it's all to raise money for charity. The first one was for the
Make a Wish Foundation, second was for the YMCA, and -- I did a
couple of years for the YMCA, but this one's for the American Cancer
Society. And all the money raised for the event, which starts
tomorrow morning at 6:45 -- we'll be taking off from the Naples pier
on a Sea-doo -- is going to go towards research, cancer research. And
-- so anybody that wants to write a check that has any money, I'll still
take some money.
So -- but I just really appreciate this, and it's very humbling, and I
thank all of you and everybody that's supporting us in the events that
we do, because there's no better thing than charity. And Ralph Waldo
Emerson wrote a poem called, What is Success. And I can't recite the
whole poem, but I can tell you the last line, and it's, to know that one
life is lived better because you have lived, and that's success.
So, encourage everybody to look up that poem. Thank you.
(Applause.)
Item #4G
PROCLAMATION RECOGNIZING NAPLES BIG CYPRESS
MARKET PLACE AS A PUBLIC ATTRACTION FOR COLLIER
COUNTY. ACCEPTED BY KEITH BASIK - ADOPTED
MR. MUDD: Commissioners, our next proclamation is
recognizing Naples Big Cypress Marketplace as a public attraction for
Collier County, to be accepted by Keith Basik.
Page 28
September 29, 2009
(Applause.)
CHAIRMAN FIALA: She always comes prepared.
MR. BASIK: I love taking pictures and sitting there smiling in
front of everybody.
First of all, thank you very much. I mean, this means a great deal
to me to receive this.
And for those of you who don't know the Naples Big Cypress
Marketplace, we're really on -- we're in our infancy stage, but we're --
we're four miles east of 951. We're a business venue, we're a trade
center, we're a winery, we're an entertainment venue.
And just a couple things I want to point out. Besides -- everyone
knows this as housing about a 100 businesses, anywhere from 100 to
200 businesses, and actually we do that so we provide a lot of service
to small businesses here locally so they can get in the business at
relatively low cost, but also we do a lot of different programs that I
don't think a lot of people are aware of.
We're trying to work with Florida Gulf Coast University . We're
-- an incubator. We want to be an incubator for disadvantaged
businesses or people who just want to get into it. But we want to be
an incubator.
So we go out, work with EDC, we work with Florida Gulf Coast
University, we work with SCORE to help small businesses get going.
Along with -- and I have to say, Commissioner Coletta's been
unbelievable in this regard. He has helped us contact these different
agencies to bring small businesses here and look for other ways to
help small businesses.
Along with that, we have historical aspects of the marketplace.
We have a mural that's 40 feet by 15. My wife gets -- goes crazy
because I enjoy the history of Collier County for some odd reason, but
we show the history of Tamiami Trail, the history of the Everglades,
Big Cypress National Park.
We're doing another exhibit, it's going to be a permanent exhibit,
Page 29
September 29, 2009
showing the railway trains going from Everglades up through Deep
Lake, up to the Everglades, also the routes going from Marco Island
through Airport and Davis Boulevard where there's a depot. So we
want to embrace the history and culture of Naples.
And along with that, we work with not-for-profits. And if you
know a not-for-profit, give us a call, because we really want to reach
out to the community and make this an asset of the community.
And we're working now -- one of the big events that we're going
to be having in February -- we're working on a big military event
where we work with all the veterans of the community.
So I just encourage you to look at Naples Big Cypress
Marketplace. You're welcome to talk to myself or one of my staff,
and we're open to anything. And we are a place where we can
showcase this community in a different way than, I think, other places.
So I appreciate it, and thank you.
(Applause.)
Item #4H
PROCLAMATION SUPPORTING PUBLIC ACCESS TO THE BIG
CYPRESS NATIONAL PRESERVE ADDITION AND OPPOSING
THE PROPOSED WILDERNESS DESIGNATION. ACCEPTED
BY CAPTAIN FRANKLIN ADAMS, BRIAN MCMAHON,
FRANK DENNINGER, LYLE MCCANDLESS AND MEMBERS
OF THE BIG CYPRESS SPORTSMEN ALLIANCE - ADOPTED
MR. MUDD: Commissioners, that brings us to our last
proclamation, which is supporting public access to the Big Cypress
National Preserve addition and opposing the proposed wilderness
designation, to be accepted by Captain Franklin Adams, Brian
McMahon, Frank Denninger, Lyle McCandless, and members of the
Big Cypress Sportsmen Alliance. If you could please come forward.
Page 30
September 29, 2009
(Applause.)
CAPT AIN ADAMS: Good morning, Chairman Fiala,
Commissioners. I'm Franklin Adams. I'm the southern regional
representative for the Florida Wildlife Federation, volunteer position.
We very much appreciate your giving this proclamation to us this
morning. It's very important that the public who purchases and
supports these public lands have access and a reasonable and
responsible way to them.
We thank you for advocating for our usage over that area and for
supporting the State of Florida's Fish and Wildlife Conservation
Commission in their quest to have no wilderness designated there.
Forty percent of the original preserve is de facto wilderness
already. The additional lands, if wilderness is adopted, will preclude
meaningful restoration, prescribed fire, research. It would create a lot
of problems for the management of the preserve and for the public that
tries to use the area.
We've waited since 1996 to set foot on that property and to use it,
and so we're anxious to move forward, and we thank you very much.
Lyle McCandless of the Big Cypress Sportsmen's Alliance, and
Mr. Frank Denninger of the Big Cypress Jet-port and Conservation
Club. Thank you.
(Applause.)
COMMISSIONER HALAS: Madam Chair, I'd like to make a
motion that we approve the proclamations that were presented this
.
mornIng.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion on the floor and a second.
All those in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
Page 31
September 29, 2009
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you.
Item #5A
PRESENT DR. ROBERT TOBER, RECIPIENT OF THE FLORIDA
STATE EMS MEDICAL DIRECTOR OF THE YEAR AWARD.
PRESENTED BY DR. JOE NELSON, STATE OF FLORIDA EMS
MEDICAL DIRECTOR - PRESENTED
MR. MUDD: Madam Chair, that brings us to presentations.
The first is a presentation to Dr. Robert Tober, recipient for the
Florida State EMS Medical Director of the Year Award, presented by
-- to be presented by Mr. Joe Nelson, the State of Florida EMS
medical director. Doctor?
DR. NELSON: Good morning.
MR. MUDD: Joe Nelson, excuse me.
DR. NELSON: Yes. I'm Dr. Joe Nelson. I'm the state medical
director with the Florida Bureau of EMS.
I'm here to acknowledge the Raymond H. Alexander EMS
Medical Direction (sic) Award Recipient for 2009. This award
recognizes an individual who has assumed a leadership role in EMS
within the community, state, or nation, and has demonstrated
excellence in the areas of quality assurance and medical control.
Dr. Tober has been the medical director for Collier County EMS
since 1978. In 2000, he developed his Code Save a Heart and Code
Save a Brain programs, which are known commonly today throughout
the state and the nation as STEMI alerts and stroke alerts, thus
demonstrating his leadership in cutting-edge emergency medical care.
He has been the president of the Florida Association of EMS
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September 29, 2009
Medical Directors and the Florida College of Emergency Physicians.
Collier County EMS, the service he provides medical direction
for, has been chosen as the nation's best EMS paramedic service in the
country as well as the best EMS system in Florida in the past. He has
been described by colleagues as an excellent EMS educator and an
excellent emergency physician as well as being dedicated and
committed to providing the highest quality of care to the citizens of
Collier County within the State of Florida.
It is with pleasure that I acknowledge and present the Raymond
H. Alexander EMS Medical Direction Award to Dr. Robert Tober of
Collier County EMS.
(Applause.)
DR. NELSON: Congratulations.
COMMISSIONER HENNING: Congratulations, Doctor.
DR. TOBER: Thank you.
COMMISSIONER HALAS: Congratulations, Doctor.
DR. TOBER: Thanks a lot.
I just want to make a quick comment, that this award is a
reflection, an enormous team effort by a huge number of people, not
the least of which is our training department basically lined up right;
Naomi Diaz, Juanie Camps, Tabitha Butcher, and Wayne Watson, and
really all the lay people that respond to emergency calls, police, fire,
EMS. It's a huge chain. Each one of those links is critical in survival
and ultimately delivering these patients to our emergency departments
where our nurses and physicians bring them back to health. And I
really want to accept this award on behalf of all of those people.
Thank you.
(Applause.)
Item #5B
PRESENTATION REGARDING THE H1N1 IMMUNIZATION
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September 29, 2009
CAMPAIGN. TO BE PRESENTED BY DR. JOAN COLFER,
COLLIER COUNTY HEALTH DEPARTMENT DIRECTOR-
PRESENTED
MR. MUDD: Madam Chair, Commissioners, that brings us to
our next presentation, which is regarding the HI N 1 immunization
campaign, to be presented by Dr. Joan Colfer, the Collier County
Health Department Director.
DR. COLFER: Madam Chair, members of the board. For the
record, I'm Dr. Joan Colfer, director of Collier County Health
Department.
Mr. Mudd asked that I come this morning and give you a brief
update on the seasonal and HINI influenza. I want to talk to you
about who gets sick from this disease, who dies from this disease, who
needs to be vaccinated first, and how we're going to make that vaccine
available to people.
And Paula, I need to know where the -- right here.
Let's talk first about what the influenza activity is like in Collier
County. Since the beginning of school, the mid August to September,
Collier County has been listed in this map as red, meaning we have
widespread activity. Widespread activity is two or more outbreaks in
two or more different locations. I think we're up to five or six
outbreaks each week now, and so we remain -- we remain in the red.
And the other thing we know about activity in Collier County is
from our syndromic surveillance systems that we have in place in our
hospital emergency rooms and our sentinel physicians that report.
And although these are estimates -- we're not counting cases. I think
I've told you-all that before in emails that CDC and the World Health
Organization stopped counting cases because there were just too many
about in mid July.
But from our own systems, we estimate that Collier has probably
now had between 1,000 and 2,000 cases. Very few hospitalizations,
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September 29, 2009
thank goodness.
The other thing that we know is that, you know, because of
school, that children have close contact with each other and they're
great transmitters of this disease.
And children seem to do very well. But the next slide I wanted
to show you -- could somebody tell me how we go to the next slide.
There we go. No, we're going back.
COMMISSIONER COYLE: Dr. Colfer, could I just ask a
question about the last slide you showed?
DR. COLFER: Sure.
COMMISSIONER COYLE: No need to go back to it. But it is
county influenza activity?
DR. COLFER: Right.
COMMISSIONER COYLE: Does this mean that is county
HI N 1 --
DR. COLFER: Very good question.
COMMISSIONER COYLE: -- activity, or is this just influenza?
DR. COLFER: We'll, we have to remember what time of year
that we're in.
COMMISSIONER COYLE: Okay.
DR. COLFER: We don't have any regular flu out there this time
of year.
COMMISSIONER COYLE: So the only kind is HINI?
DR. COLFER: What's out there, 99 percent of what is out there
across the country in September is HI N 1.
COMMISSIONER COYLE: Okay.
DR. COLFER: You might find a rare case of something, you
know, of B -- of an influenza B out there, but 99 percent is HI N 1,
unfortunately.
COMMISSIONER COYLE: Thank you.
DR. COLFER: Okay. So we know that children get this,
children transmit it and bring it home to parents and other people in
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September 29, 2009
the community.
I wanted to show you this slide to demonstrate who dies from this
disease. And if you'll look at the large bar, that's the 25- to
49-year-old age group. Now, this slide is from back in the
summertime, and so it represents 268 patients about mid summer in
dealing with this disease. But you can see that it's -- you know, it's not
the usual that we see for flu. It's not the young children. It's not the
very elderly, the very older -- much older population that we have. It's
those people in the middle group.
Now, if we look at that same slide for Florida -- and this just goes
back to last week, to the 22nd of September -- that there's two age
groups that are affected, and that's that 25 to 49, and the 50- to
64-year-old age group.
So in Florida, we've now had 91 deaths from this disease. If you
add those two groups together, that's 76 of the people are less than 65
and over 25 years old. So I think that's a real take-home message for
all of us that are in those age groups. This is not a -- this is not
something to fool around with. Granted, the numbers are not huge,
but they are significant.
The other thing we know about people that have died across the
country from this disease is that 75 percent of them do have
underlying compromising conditions.
Now, some of those are not real serious diseases. Those are
simple things like asthma can cause people to do very poorly with this
illness, and then the flip side of that is that 25 percent of the people
that are dying from this disease across the country have absolutely
nothing else wrong with them. But they get this disease, they don't do
well, they come back into the hospital and die, and there's nothing
anybody can do to save them.
Okay. So having said that, who needs to get vaccinated first in
our community? We don't have any vaccine right now . We're
expecting in about two or three weeks to get our first shipment of
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September 29, 2009
vaccine. And the CDC has said there's certain people that don't do
well with this and need to get vaccinated first; that's the pregnant
women. We cannot give the vaccine to babies that are less than six
months old, so instead what you do is you surround the infant with
people that are vaccinated.
So parents of these very young babies less than six months of age
need to get vaccinated, as well as grandparents that are going to be
around them, caregivers, day care providers.
Our school children, people from six months up to 24 years of
age. So that includes, you know, people into college and some pretty
young adults.
After that, it's 25 to 6-year-old (sic) that have those underlying
compromising conditions need to be vaccinated. And, of course, our
healthcare and emergency medical services personnel we want to
protect with our very first shipment of vaccine, which we expect in the
next two to three weeks.
Okay. So how will people get vaccinated? Well, first of all, I do
want to stress, it's a voluntary program. We've had all kinds of
questions about, will I be forced to get the vaccine? No. Nobody's
going to be forced to get the vaccination. It's not required for school,
but we strongly do recommend it. And there will be multiple ways
that people can get vaccinated.
And this is our plan for Collier County and where people can
receive vaccinations. First of all, let's look at the private providers
down there at the bottom of the slide. The CDC and State of Florida
has made this vaccine available to every private provider. All they
have to do is get on the Floridashots.com website and register to offer
this vaccine.
So far we've had 65 to 70 medical practices sign up to do that.
Now, some of those are big practices, like Anchor Health, for
instance. All their physicians are going to help give this vaccine.
In addition, our -- we're going to cover our day care and our
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September 29, 2009
school-- our Collier County public schools by having rotating teams
of nurses go through each and every one of those and give that
vaccination. Now, they'll only give that to children who have a signed
consent form. And so in a week or two, we'll be sending that
information home to parents.
In addition, the health department will be providing community
flu clinics, and we're going to do that in two different venues. The
first is at the North Collier Regional Park. I want to thank Barry
Williams and his staff for graciously accepting us out there and
changing their lives a bit, but we'll be doing it there. And we're also
looking for a south site. We're negotiating with a couple of businesses
down there to rent a site for a month or two to do this work.
The Physician's Regional Medical Center came to us a couple
weeks ago and asked how they could help, and so Pine Ridge and
Collier Boulevard hospitals will be offering the vaccine as well. You
don't need to be a patient of record. You just need to show up, and
they'll be happy to vaccinate you.
Now, the health department's giving the shots totally free.
Anything that we do will be at no charge, no out-of-pocket expense.
We will charge insurers and Medicare and Medicaid. To the extent
that they cover, we'll also charge those.
The other venues will probably charge a small administration fee
in the neighborhood of ten to $20. They're doing that so they can
afford to give the vaccine. You have to have extra staff to be able to
do this. You can't just do it and do your normal business as usual.
But we expect that fee to be ten to $20 and not astronomical. But
again, anything that the health department's doing, we're able to do at
no cost, no out-of-cost pocket (sic) to anyone.
Okay. We've already talked about when we expect to get this, in
mid-October. There's a chance we'll get something called Flu Mist at
the end of this week, and very little of it, probably 1,500 doses at the
most. We'll give that to pediatricians that have signed up to help and
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September 29, 2009
to day cares. You can't do much more with that limited amount of
.
vaCCIne.
Just for a second I wanted to talk about seasonal flu. These are
just the same recommendations that we've always had for seasonal flu,
and basically, as we speak, we are giving seasonal vaccinations out at
the North Collier Regional Park. This is just a list of all the places
where you can get that vaccination. And as I said, we're doing that.
We're doing it now. We encourage people to come and get it now.
Lastly, I just want to remind everybody about our prevention
messages. The most important thing you can do is get vaccinated, but
you need two shots. You need a seasonal shot and you need HI Nl.
The only people that need a third shot are little children under ten, and
they'll need a second HINl vaccine. We do want to remind people to
continue to practice good personal hygiene and stay home if you are
sick, please.
And with that, I'll be happy to answer any questions.
CHAIRMAN FIALA: Commissioners?
COMMISSIONER HALAS: She answered them all.
COMMISSIONER COLETTA: Wonderful.
COMMISSIONER HALAS: Very good presentation.
CHAIRMAN FIALA: Was there some question at some point in
time about these inoculations being safe or have they -- I thought --
DR. COLFER: And people still ask that question. It's a very
good question. What we've seen is it's just a change in the recipe, as
the CDC people said. Actually next year it will probably be included
in the regular flu shot. But it's -- as far as we know it's safe. The
worst that we've heard is a sore arm. But CDC will continue to
monitor, you know, events through the vaccination period.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I have a question.
DR. COLFER: Yes.
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September 29, 2009
COMMISSIONER COLETTA: I guess it's more for County
Manager than it would be for you. Do we have some sort of plan that
if a -- if we have a high infection rate within the county to be able to
have employees possibly be able to work at home or some way to be
able to mitigate this possible threat?
MR. MUDD: Sir, we have a pan -- we have a pandemic plan that
we will implement, and part of that plan has to do with virtual work,
and so we could get that set up and get that resolved. So that's all part
of the -- it's all been planned and it's laid out.
COMMISSIONER COLETTA: Thank you, sir.
DR. COLFER: Okay. Thank you very much.
CHAIRMAN FIALA: Thank you.
MR. MUDD: Commissioner, that brings us -- again, 5C is a two
p.m. time certain on charter government from the Productivity
Committee.
That brings us to 5D, and that is a Freedom Memorial
construction update date.
MR. NESBIT: I'm sorry. Good morning, Madam Chairman and
members of the board. Give me just a moment while I find the
presentation.
All right. Fantastic, thank you. As you know, as you remember
__ no, no, no. I'm sorry. This is the wrong one.
Item #5E
RECOMMENDATION TO RECOGNIZE SANDRA LEA,
EXECUTIVE AIDE, BOARD OF COUNTY COMMISSIONER'S
OFFICE AS EMPLOYEE OF THE MONTH FOR SEPTEMBER
2009 - PRESENTED
MR. MUDD: Okay. While you get the right slide ready to go
and get it resolved, let's go to the next presentation. I think we can do
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September 29, 2009
that without any audiovisual, while he's getting set up, and that is 5E.
It's a recommendation to recognize Sandra Lee, Executive Aide,
Board of County Commissioners, as employee of the Month of
September, 2009.
Ms. Lee, could you please come forward.
(Applause.)
CHAIRMAN FIALA: We have to wait for Frank. Oh, here he is.
He's rushing back in.
MR. MUDD: Sandra Lee, the executive aide, has been
nominated as the Employee of the Month for September, 2009.
Sandra, an employee of the county since 2004, works as the aide
for Commissioner Halas from District 2. Sandra's communication
skills and knowledge of Collier County Government enable her to
excel in her position. She understands the issues related to District 2
and works extremely well with its constituents. She is always willing
and able to assist anyone in need.
In addition to her role as a commissioner's aide, Sandra also helps
out with special projects around the office. Recently she was asked to
take leadership of a project to examine all aspects of the BCC office's
document storage. Their office had over 600 boxes in an outside
storage facility with records dating back to 1980.
Working with the county's attorneys and records management,
Sandra came up with a plan to examine all the files in storage and
facilitate the legal disposal of some of these records. As the team
leader, she and a small group of other office employees visited the
storage facility each day to assess the files and designate their status.
The documentation and disposal process continues, but the completion
of this project will mean that by the end of 2010, their office will have
no boxes in external storage. It will also serve as an example of how
this process can be handled by other departments to help eliminate the
need for storage space and lead to a cost savings for the county.
Sandra's diligent efforts on this project highlighted her efficiency
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September 29, 2009
and dedication to her job. She is both a team leader and player and is
truly deserving of this award.
Ladies and gentlemen, I'd like to present to you Ms. Sandra Lee,
Executive Aide, Board of County Commissioners, as office as
Employee of the Month of September, 2009.
(Applause.)
COMMISSIONER HALAS: I'd also like to add that since
Sandra has been my aide, that she prepares the agenda and also
prepares to take minutes at the District 2 homeowners association
meeting, and she also makes sure that the room is set up properly and
that we have someplace to meet, and this is beyond the call of duty,
and I really appreciate all of her efforts.
And, of course, Sandra's going to be leaving us sometime in
January. I'm trying to talk her into extending, because Sandra's going
to be retiring.
And Sandra, here's a letter from Donna Fiala--
CHAIRMAN FIALA: And all of us.
COMMISSIONER HALAS: -- all of us, and a check. And, of
course, wherever you may go, hopefully you'll put this plaque up in
remembrance of all the services that you did here in Collier County.
(Applause.)
CHAIRMAN FIALA: Thank you, Sandy. Thank you for
everything.
COMMISSIONER COYLE: If the check bounces --
(Applause.)
MS. LEE: Thank you.
CHAIRMAN FIALA: Thank you.
Item #5D
FREEDOM MEMORIAL CONSTRUCTION UPDATE-
PRESENTED
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September 29, 2009
MR. MUDD: And now we'll try one more time and we'll go to
5D, which is a Freedom Memorial construction update, followed by
the 10: 15 time certain.
Sir? For the record, state your name.
MR. NESBIT: Good morning, members of the board again. For
the record, Claude Nesbit, with facilities management.
As you remember, we had a groundbreaking ceremony on March
19th at this year. Two -- two weeks later we began construction at the
site. We broke it down into phases. Phase I included the concrete
foundation for another two-thirds of the United States map and the
approach platform for the memorial site. It also included the
underground utilities, the survey, quote, this underground -- the survey
to place it where it wouldn't impact the wetlands.
And Phase II included the concrete foundation for the flag. That
was a cost of about $58,000. The previous cost was about $101,000.
This also included -- the Phase II also included temporary
concrete steps for the southern third of the United States from
California, Florida, to North Carolina.
Current construction is at a cost of about $180,000, and Phase I
and Phase II are substantially complete at this point.
To complete the memorial, we will need to encase the concrete
structure with granite encasement, with granite pieces. And you'll
notice that the granite is also where the steps are indicated at the
southern border, because the steps that we installed right now, the
concrete steps, would come out and be replaced by the granite pieces.
And then the granite cladding of the flag would continue towards
the rest of the flag to surround the entire concrete structure. We also
would include -- intend to include a pentagon shaped pathway that
surrounds the structure, and eventually we intend to come up with
what you see here.
So in summary, we have construction estimates that were at
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September 29, 2009
about 1.5 to $1.8 million. We've had construction costs of about
$180,000, which is only about 10 percent of what we estimate the
final cost will be. That's all from donations and contributions from the
various members in the public sector.
The flag and map should be finally completed by mid October,
and the current structure is -- we hope will provide some more public
visibility for the monument and hopefully that more people will
contribute to our efforts.
The balance to complete the monument now is at 1.3 to $1.6 by
donations, of course, and that includes, as I said before, the granite
steps, the cladding for the flags, concrete, at which time we'll be back
to the board to help us spend whatever donations that we have
accumulated.
Thank you.
CHAIRMAN FIALA: Thank you so much. Questions?
Commissioner Henning?
COMMISSIONER HENNING: The -- so it's going to be a while
before this is completed, until the donations come in; is that a fair
statement?
MR. NESBIT: Depends on -- it depends on the level of
donations, that's correct.
COMMISSIONER HENNING: And you can't get a CO until the
work is completed; is that a fair statement?
MR. NESBIT: No, we get -- we'll get a CO from the City of
Naples for the concrete structure that's there.
COMMISSIONER HENNING: Okay. So you don't have to
continue on the permitting process?
MR. NESBIT: No, no, sir.
COMMISSIONER HENNING: Wow, boy. We need to figure
out how they do it.
MR. NESBIT: They were very accommodating with us. They
wanted to see this happen as badly as we did.
Page 44
September 29, 2009
COMMISSIONER HENNING: Now, some of this money's
going to be coming from tourist development taxes.
MR. NESBIT: Well, the way that works is that the tourism (sic)
development tax would only match what we spend in construction, so
we had to show some activity in construction before we could apply to
the tourism development board.
MR. MUDD: Sir, depending on the TDC's grant awards, yes, sir.
And so far we have received at least one grant from the TDC for this
particular project. I believe this is the second year for a grant award.
COMMISSIONER HENNING: Right. So some of it is taxes?
MR. NESBIT: Correct.
COMMISSIONER HENNING: Great, thank you.
MR. NESBIT: Thank you, sir.
CHAIRMAN FIALA: And Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'd just like to clarify that.
That is the only portion that is taxes, and it is an amount of money
which is provided to any structure or facility that is likely to attract
visitors to Collier County, and that's why the Tourist Development
Council has recommended another allocation this year for matching
funds. But there are no other taxes involved in building this memorial.
It is entirely from citizen contributions.
And so we encourage our citizens to contribute to this memorial.
Perhaps some of you haven't heard where we're building this
memorial. We're building it to honor those people who were killed in
the 9/11 terrorist attacks, the firefighters, EMS, police officers,
military personnel, and civilians. It also will honor all of the members
of our uniform services who are fighting here and abroad to protect
our freedoms. And it's a worthwhile effort. Now more than ever we
need to recognize those people who are making sacrifices to keep us
free.
So if you want to participate in this wonderful effort, contact the
County Manager's Office, and they can tell you how to contribute to
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September 29, 2009
help complete this memorial.
And thanks to the team members. You've done a great job.
CHAIRMAN FIALA: Very well said, Commissioner Coyle.
Thank you.
(Applause.)
COMMISSIONER COYLE: Thank you.
MR. MUDD: Ma'am, that brings us to our 10: 15 time-certain
item. Ma'am, do you want to -- do you want to break before you do
the 10: 15?
CHAIRMAN FIALA: Yeah. What is the 10:15 again?
MR. MUDD: Ma'am, it is 10C, and it's a presentation by
designated shareholder organizations recommending that the Board of
County Commissioners review an ordinance creating a mandatory
code inspection --
CHAIRMAN FIALA: Oh, yeah.
MR. MUDD: -- on foreclosed and vacant single-family
residences which requires owners of vacant single-family residential
property who have acquired title through foreclosure or through a
deed in lien of foreclosure to obtain an inspection report relating to the
subject property's -- existing property's, possessive -- existing zoning
and the permitted used of said zoning and confirm that all existing
structures on said property have the necessary permits and are in
compliance with the permitting requirements and disclose the report
prior to subsequent sale --
CHAIRMAN FIALA: Thank you.
MR. MUDD: -- consistent with the Board of County
Commissioners' previous direction, and I believe --
CHAIRMAN FIALA: No. Mr. Mudd, we will take a break
before --
COMMISSIONER COYLE: Before he uses up the break.
CHAIRMAN FIALA: Before you go into that. Yes. Thank you.
MR. MUDD: Ten minutes, ma'am?
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September 29, 2009
CHAIRMAN FIALA: Ten minutes, sir.
(A brief recess was had.)
Item #10C
PRESENTATION BY DESIGNATED STAKEHOLDER
ORGANIZATIONS RECOMMENDING THAT THE BOARD OF
COUNTY COMMISSIONER'S REVIEW AN ORDINANCE
CREATING A MANDATORY CODE INSPECTION OF
FORECLOSED AND VACANT SINGLE F AMIL Y RESIDENCES
WHICH REQUIRES OWNERS OF VACANT SINGLE F AMIL Y
RESIDENTIAL PROPERTY WHO HAVE ACQUIRED TITLE
THROUGH FORECLOSURE OR THROUGH A DEED IN LIEU
OF FORECLOSURE TO OBTAIN AN INSPECTION REPORT
RELATING TO SUBJECT PROPERTY'S EXISTING ZONING
AND PERMITTED USES OF SAID ZONING, CONFIRM ALL
EXISTING STRUCTURES ON SAID PROPERTY HAVE THE
NECESSARY PERMITS AND ARE IN COMPLIANCE WITH
PERMITTING REQUIREMENTS, AND TO DISCLOSE THE
REPORT PRIOR TO THE SUBSEQUENT SALE, CONSISTENT
WITH THE BOARD OF COUNTY COMMISSIONER'S
PREVIOUS DIRECTION - MOTION TO DENY THE
PRESENTED ORDINANCE AND TO HAVE NABOR RETURN
WITH AN UPDATE FOR EDUCATING THE PUBLIC ON
"BUYER BEWARE" - APPROVED
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
This brings us to Item 10C, which is a time certain of 10:15. We
are approximately 30 minutes behind schedule. And Mr. Schmitt's
down as the presenter, but this really is a community petition, and I
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September 29, 2009
believe the presenter is Ms. Ellie Krier.
MR. SCHMITT: Yes. I'm going to -- for the record, Joe
Schmitt. I'm going to turn it over to Ellie Krier. This is coming back
at your direction for -- NABOR and CBIA was tasked to come back to
you with a recommendation on this ordinance.
So without further ado, I'll turn it over to Ellie.
MS. KRIER: Thank you, Joe.
Good morning, Madam Chair, Commissioners. For the record,
I'm Ellie Krier. I am the government affairs director of the Naples
Area Board of Realtors, but today I am representing the drafting team
that volunteered to help on this. And we want to thank you for giving
us an opportunity to provide you with a different draft ordinance than
the one you considered in June.
I do want to thank and acknowledge the members of the team so
you know who they are. If they're here, would they stand, please.
Also representing NABOR is Bill Poteet, the chair of our
governmental issues committee. CBIA was recommended by Pierre
Bruno, the chair of their governmental issues committee, and Russell
Budd. Russell also represented HOME.
Michele Klinowski represented the Greater Naples Chamber of
Commerce; Erica Lolli joined us for the mortgage industry; Bob
Guididas for the banking industry; Kathleen Passidomo for the real
estate attorneys; and Diane Flagg represented Code Enforcement.
Others joined us from time to time to offer their expertise, including
Joe Schmitt and Jeff Wright, and we appreciate all of that.
This team -- and I want to thank them -- met five times. We
learned a great deal from each other as to the various needs of all of
our represented interests, and when our draft was finished, we
submitted it to your county staff and the County Attorney's Office.
We met for a sixth time with them to discuss and resolve all of
their concerns and issues, which we did. And what you have before
you today is a result of an inclusive, collaborative process as we
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September 29, 2009
promised you.
There's one comment I would like to make in the staff memo that
you received on Friday after your packet went out. On Page 2 of the
memo it states that it needs to be debated between NABOR and CBIA,
the issue of certification versus licensure, and I would like to clear that
up.
NABOR believed industry certification was adequate to protect
the consumer, and CBIA believed that licensure provided added
additional and necessary protections. NABOR's yielded to CBIA on
this point, and there is no disagreement.
So therefore, on behalf of the drafting team, I'm here to convey
their unanimous recommendation that this is the best possible draft if
you choose the option of a mandatory ordinance.
Finally, NABOR would like to commend Diane Flagg, as would
the drafting team, and her staff for the excellent job they have done
implementing the Blight Prevention Program in -- since the inception
of that program, and I believe it's been about ten months.
Direct contracts -- contacts have been established with all the
banks dealing with these foreclosed properties. Over 519 properties
have been abated by the banks. Over half a million dollars have been
spent by the banks fixing these existing problems, and over -- 1,087
cases have been reported. A great majority of them are coming from
realtors who we have educated to say, if you show a property and you
see these problems, call Code Enforcement, and they are doing that.
So it is my pleasure to present you with this from the team that
you allowed us to create. And if you have any questions -- I know
there are registered speakers, but if you have any questions I could
answer, I'd be happy to do so.
CHAIRMAN FIALA: What I'd like to do -- Commissioner
Coletta has his light on, but --
COMMISSIONER COLETTA: More than willing to wait.
CHAIRMAN FIALA: Oh, are you? I'd like to hear from the
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September 29, 2009
speakers first, and then we'll have comments from the commissioners.
MS. KRIER: Thank you.
CHAIRMAN FIALA: Comments and questions.
MS. FILSON: I have eight speakers. The first one is William
Poteet. He'll be followed by Jeff Jones.
MR. POTEET: He's allowing me his time.
MS. FILSON: Okay.
CHAIRMAN FIALA: Who is?
MR. POTEET: Jeff Jones.
MS. FILSON: Then he will be followed by Jim Pilon.
MR. POTEET: Good morning. For the record, my name is Bill
Poteet. I represent the Naples Area Board of Realtors and its 4,000
members.
At this time, could I have all the realtors in the room please stand.
As you can see, we are well represented today, and I thank you for
attending.
This is important to us, and I am here today to keep our promise
that we made to the commission to present to you a revised ordinance
that is before you; however, this does not restrict us from believing in
our original position that the best solution to this issue is to find a true
community solution.
The ordinance submitted by the group of stakeholders is the best
we could do as a group. It will meet the minimum requirements you
set forth; however, the question is, is it the best approach for our
community for a long-time community problem? I think not.
Although the ordinance gets to the commission what you specifically
requested, it falls short of addressing the entire issue.
I believe what we need -- what we have needed is our community
to be part of the solution. This ordinance you are considering is like
most ordinances. You are relying on the threat of government
intervention to cure the problem. The hammer approach always has
shortcoming. Even if you make the penalties for noncompliance more
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September 29, 2009
punitive, you will not achieve the desired results you want. You need
community buy-in.
The Naples Area Board of Realtors, along with our friends to the
south, the Marco Island Area Association of Realtors, offer an
approach that is community based and will bring you the desired
results. We want a solution for the entire problem, not just foreclosed
and vacant properties. Our public/private approach utilizes a private
market solution addressing all properties and accomplishes what all
parties are seeking.
We eliminate the unsuspecting buyer from the equation. It is the
unsuspecting buyer concept that drove us to the point of considering
the creation of an ordinance in the first place. Already we can
demonstrate our proposed solution works.
Full disclosure, community education, along with trained real
estate professionals and a cooperative Code Enforcement agency are
the ingredients needed for the solution. In fact, it is the only way to
solve the issue. Life safety issues such as pictures you have been
shown previously are already addressed in the buyer's home
inspection. Lenders require home inspections as part of the loan
process. Buyers are already protected for defective plumbing and
electrical wiring through this process.
What we are discussing today are the major infractions of code in
relationship to the construction of the property. Was the home built
with permits? Did the property have all the building inspections
completed? Not items typically associated with home inspections.
F or the purpose of discussing the ordinance, we are talking
exclusively about non-permitted structures or violations of use per
.
zonIng.
Up to just recently, no one checked for the converted garages,
enclosed lanais, or appropriate zoning. It was not part of the home
inspection nor was it a service provided by government. As the
discovery of violations increased, Collier County Code Enforcement
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September 29, 2009
added such inspection or fee to their services they provided. This was
good but inadequate, since code was not manned or funded to provide
this service to all real estate transactions.
Private inspection services are a vehicle to address the issue and
does not require government for the solution, with the exception of
ensuring anyone who offers such an inspection be qualified by license.
The State of Florida has already addressed the issue on home
inspection companies, and they must be licensed by July of2010.
Community development and Code Enforcement currently
recognizes general contractors, architects, and engineers being
qualified to provide a code inspection service to a prospective buyer or
seller. We don't need more government to do something that is
already in place.
Furthermore, code inspection has existing tools provided already
by our county government to force compliance. We do not need more
rules. We just need to enforce what we have.
Another ordinance is not going to keep individuals from
enclosing the lanais or converting garages; however, enforcement of
existing rules through the assistance of our community, the real estate
professionals, and educated buyers and sellers can and will bring a
stop to this practice.
Our real estate professionals are willing to take the lead, as we
have done so throughout this discussion. With the help of the Collier
County community and in cooperation of Code Enforcement, we can
all be part of the solution, and we can do this without any cost to the
taxpayer; we can do this without requiring additional government
personnel or time from county employees; we can do this without
additional paperwork, bookkeeping, or document storage.
And our county is facing severe budgetary constraints with
declining services. And if this was a business, the last thing it would
do would be to spend money on something that we did not need to do.
Now, everyone wants a solution. No one is saying the problem
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September 29, 2009
should be ignored. Quite the contrary. Everyone I spoke with wants a
solution to this issue. But there's only one approach that completely
accomplishes what you want. It has to be a public/private partnership
that engages the entire community.
An ordinance only relies on government's authority to enforce its
will on the community. It does not provide community buy-in, and
without it, you will never find a solution.
Now, community director Joe Schmitt's stated within one of our
drafting meetings that the private market solution approach suggested
by NABOR was the best approach and that an ordinance is not
needed. NABOR fully concurs with his assessment. You know, he is
the one with Code Enforcement that is going to be entrusted to enforce
it. Both departments have already -- are already under siege with
numerous issues. They don't need another albatross.
The 4,000 members of the Naples Area Board of Realtors are
involved in about 90 percent of all real estate transactions. Weare the
best source to spearhead delivering the solution. Since we began
working on the issue, realtors have increasingly reported violations to
Code Enforcement. Our private market solution is working. We are
identifying the problem properties.
It goes to the very heart of the issue, protecting the unsuspecting
buyer. Ultimately our community must be the part of the solution if
you really want to cure it.
The Naples Area Board of Realtors respectfully requests you
decide to follow the public/private approach utilizing our proposed
private market solution and not adopt an ordinance as you have it
before you today.
Thank you very much.
CHAIRMAN FIALA: Thank you. Sue--
MS. FILSON: The next speaker--
CHAIRMAN FIALA: Sue, just a minute.
(Applause.)
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September 29, 2009
CHAIRMAN FIALA: I would ask all of you, please, those that
have cell phones, turn them off, please, or put them on vibrate. There
were four that rang just during his speech. I would appreciate that.
Thank you.
MS. FILSON: The next speaker is Jim Pilon. He'll be followed
by Jim Lykos.
MR. PILON: Good morning. My name is Jim Pilon, and I'm a
local real estate attorney. And I serve with the Naples Area Board of
Realtors Legal Resources Committee. I'm one of the attorney
members of that committee, and that committee is made up of a
number of local real estate attorneys, such as myself, and a number of
realtors. And we're the ones who put together the contracts and other
documents that most realtors in this community use in their residential
transactions.
And I just brought along a copy of the existing residential
contract, and you can see it's rather extensive. Right now we're in the
midst of revising this document, that group of attorneys and realtors.
One of the things that we're doing with this document is we're
adding another provision to it, so it's going to get longer, okay. It's
already ten pages long. But we think it's important to do that. Within
this document as it presently exists is a right of every buyer of every
property in the county, not just of an abandoned/foreclosed as this
ordinance that's before you addresses. This is a right of every buyer of
a residential property in the county to have their property inspected,
and those inspections range all the way from mold, radon, you know,
is the washing machine working, is the roof leaking, is the pool okay,
that kind of thing.
Well, we are adding another provision in here, and that is a
provision for a Code Enforcement/code violation type of inspection,
and that is going in this document. We've already discussed it at our
meetings. The revised document will be out later this calendar year.
And like the other provisions having to do with inspections, the
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September 29, 2009
buyer has an absolute right to call upon a seller to correct any
defective condition that is found, such as now will be a Code
Enforcement violation.
When the buyer calls upon the seller to make that correction, the
seller has two choices. One, okay, I'm going to do it. Number two,
I'm not going to do it. If the seller says, I'm not going to do it, the
buyer has an absolute right to walk away from the transaction and say,
hey, I don't want the property then. That's not what I was bargaining
for.
This type of an option is where I think we really should be going.
We don't really need a mandatory ordinance. We have something that
is going to work for us. And I urge you not to enforce or pass a
mandatory ordinance.
Thanks for your kind attention.
MS. FILSON: The next speaker is Tom Lykos.
(Applause.)
MS. FILSON: He'll be followed by Robert Vigliotti.
MR. L YKOS: Good morning, Commissioners. Thank you for
your time this morning. I'm Tom Lykos, president of the Collier
Building Industry Association.
In meetings with our members and our board of directors, three
concerns came to the forefront with regard to this mandatory home
inspection.
The first concern was overreaching government. We live in a
society based on capitalism, and we think government's job is to get
out of our way and not to impede entrepreneurship.
Our second concern was unlicensed professionals operating in
our community, specifically with regard to home inspectors.
Our third concern, which is probably the most important, was the
condition of these homes. Many of us have seen the condition of
these homes, and the thought that somebody might be moving into,
whether as a renter or buyer to these homes, was a concern of ours.
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September 29, 2009
So those three concerns moved to the forefront.
We came up with three solutions. To limit government, you
either use the ordinance or you rely on a private -- public/private
solution, and our board would support that solution.
Number two, our board recommended licensure of home
inspectors, and I know that the county licensing department is already
working on that so that inspectors on a local level could be licensed
prior to the state law kicking in in July of next year. That would allow
the building department to hold home inspectors accountable.
The third solution was with regard to the condition of the homes.
State statute, which goes into effect in July of2010, dictates what gets
inspected and how the reports are written, specifically with regard to
electrical systems, plumbing systems, mechanical systems, structural
systems, roofing, et cetera, which is what our industries' primary
concerns were.
So we think that there are -- individually, these individual
solutions might not solve the overall problem, but when you combine
them together, we think that these solutions combined may be better
than a mandatory ordinance.
Thank you.
(Applause.)
MR. VIGLIOTTI: I yield my time to Steve Harrison.
MS. FILSON: Robert Vigliotti?
MR. VIGLIOTTI: I yield my time to Steve Harrison.
MS. FILSON: Steve Harrison. He'll be followed by Michele
Klinowski.
MR. HARRISON: Good morning, Commissioners. Fifteen
months ago I came to you to bring to your attention the implications of
the foreclosure trends that will impact directly all the services
provided by the county, be they Code Enforcement, the Sheriff, the
health department, and particularly what it meant for the tax base of
the county. Those predictions are on track, and I'm here to tell you
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September 29, 2009
that we still have a long way to go in getting out of this situation with
foreclosed homes.
Recently, Deutsche Bank, in August made a prediction that by
2011, half of the homes in America would be under water in terms of
their market value being below the mortgage amounts.
The FDIC is saying that they've got 300 banks that they're going
to close. What they don't tell you is that there's 300 on their capital
shortage watch in just Florida. So the question of working with banks
on maintaining properties is going to get much more complex for
Code Enforcement and others.
I'm speaking to you also as a former CFO of a $5 billion bank.
The banks have an incentive here to minimize the charge-offs to their
capital. You can see it in a number of manifestations, how slowly
they file, lis pendens, how slowly they take title, the fact that they give
realtors 60- to 90-day nonrenewable listing agreements so that our
friends in real estate have to scramble to clean them up minimally and
bring them to market. So we have a reluctant adversary here in the
form of the banks.
I'm in favor of the mandatory ordinance, and I appreciate the
direction that you gave in June, but here's kind of the history of where
we are.
Thanks, Jim.
I believe in May you asked staff to prepare a mandatory
ordinance covering abandoned and foreclosed residential properties
covering all county ordinances to be prepared by private sector
inspectors. I believe you also emphasized that this ordinance should
address the health, welfare, and safety of the community, not
necessarily the protection of individual property owners. The entire
community's interest is what we're dealing with.
What was brought back in June covered all zoning, building, and
other county ordinances but most importantly had an administrative
manual to describe how this would be applied in practiced. It has
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September 29, 2009
deadlines and due dates, test of measure. Basically it provided you
with some measures of control over the whole process. It applied to
all the residential properties. And as I say here, it's best by certified
inspectors from the private sector.
We had a large outcry from the people trying to dispose of the
properties on these short listings, short-time listings, but what's come
back to you seems to be quite watered down in terms of what is
actually covered.
So what the new draft talks about is single-families vacant at the
time of foreclosure. How on earth is anybody going to enforce that? It
deals with the subject property's compliance with zoning use and the
building permits. It says nothing about the health, safety, and welfare
of the neighborhoods involved.
I can appreciate CBIA's position on licensed people. That's fine.
It's probably a more expensive solution, but with what's coming down
in terms of state requirements for inspections and so forth, it may
become a moot point within a matter of months.
But basically, the voluntary nature of the current draft puts total
control of this exercise in the hands of the realtors. If that's your
desire, fine. But voluntary submission of reports of violations may not
be consistent with your direction to be serving the need of the
communities with health, safety, and welfare.
The absence of the administrative manual that's been completely
stricken from the draft, that's where all the controls were for the
county. If that's your desire, so be it.
But the real 800-pound gorilla here -- I appreciated Mr. Poteet's
comments -- is the deal -- is the problem with the banks. I'd like to
show you what I did in one hour of driving through Golden Gate
Estates on a recent Saturday.
On five streets I identified ten blighted homes. There they are. I
went to the public records to see who the owners were on the public
records. All of them are blighted, all of them are vacant. I checked
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that they were vacant. Several were vandalized.
I'd call your attention to the lis pendens date shown in the court
records. Some of them are back in '07, and nothing has been
progressed on them. So here they are with weeds up past the
windows, but the banks are not progressing it, because they don't want
to take title. Taking title will cause charges to their capital accounts,
which they don't want, so they let them sit. They become unsalable.
Not one of those ten has a Realtor's sign on the property. One
has an auction posted that has either recently taken place or is about
to. But the property is not really moving. It's just sitting there in
blighted condition.
So the challenge is really, how do we address the community
interests that Mr. Poteet mentioned? How do we get the banks to do
this? One way might be to go back to those lis pendens dates to make
your ordinance specific that, say, within 30 days of a lis pendens, you
have the inspection.
CHAIRMAN FIALA: Thank you, Mr. Harrison. I hate to cut
you off, but then I'm going to have to give everybody else time.
MR. HARRISON: Mr. Vigliotti ceded his time. Have I been
given that?
MS. FILSON: Yes. He was given six minutes.
CHAIRMAN FIALA: Do you want to wind up?
MR. HARRISON: Please. At any rate, if we move this upstream
to deal with the lis pendens at the time they're filed, I think we create
more work for CBIA people sooner, we give the Realtors cleaner
inventory, they don't have to scramble, do minimal things, and we'll
move this stuff off the market and preserve our tax base.
Any questions?
MS. FILSON: Next speaker is Michele Klinowski. She'll be
followed by Michael Ramsey.
MS. KLINOWSKI: Good morning. Michele Klinowski
speaking on behalf of the Greater Naples Chamber of Commerce
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September 29, 2009
leadership, as well as one of the organizations that participated in the
drafting process.
In the event that you do decide to adopt a mandatory code, we do
believe this is the best that can be done under these circumstances.
Thank you.
MS. FILSON: Your final speaker is Michael Ramsey.
MR. RAMSEY: Good morning, Commissioners. My name is
Michael Ramsey. I'm a resident of Golden Gate Estates in Collier
County, and I'm also a board member of the Golden Gate Area Civic
Association.
The area civic association supports the NAB OR position of a
private solution utilizing a massive workforce that can be mobilized
by the real estate community at no cost to the county taxpayer.
We believe Code Enforcement does provide a valuable service in
the community; however, Code Enforcement should not, should not be
involved in the closing -- in the closing process of any real estate
transaction. We believe that occurrence could bring an economic
standstill to the reemerging real estate market we so desperately need
right now.
As members of the community, we support NABOR's position of
the voluntary inspection program as was proposed initially.
We consider this the more community based solution.
Thank you.
(Applause.)
CHAIRMAN FIALA: Okay. That was our final speaker.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, where to begin on this.
We have a draft that's been brought up forward to us as far as an
ordinance, a recommendation by the people that put it together not to
approve it. To be honest with you, there's so many contradictory
things in this that I wouldn't know where to begin.
I mean, such things as the electrical service. It gives you four
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September 29, 2009
different items that could possibly happen. Two of them have to take
place in order for this procedure to kick in. One of them is that the
electric service has been canceled. Well, what happens if the applicant
leaves and doesn't cancel it and it gets shut off for nonuse? There's a
big hole there.
There's hole after hole after hole. It's like there's a poison pill
been planted through this thing continuously.
But there's another kicker in this, is that it also recommends that
the person that does decide to come forward and fill out the forms, that
those forms -- if there's any violations, then they get turned over to
Code Enforcement.
Why would I recommend to any of my constituents to ever put
themselves in harm's way when the rest of the public out there will be
ignoring it? We just got a list of homes in a very small area of Golden
Gate Estates that are in need of some sort of controls over them. It's
not taking place.
To get down to it, I've gone through this thing with great detail. I
can see no value to this ordinance ever being approved.
CHAIRMAN FIALA: Thank you, Commissioner Coletta.
Commissioner Henning?
COMMISSIONER HENNING: The -- it was said that there's
some blighted homes in the community in Golden Gate Estates with
weeds up to wherever. We have existing laws for that. These
conversions of garages, I can tell you that I have one in my
neighborhood, it is neither abandoned or foreclosed on. And, in fact,
in the last year, they got a permit to have an addition to that home.
So to create more government for things that are already on the
books just doesn't make sense. And Thomas Jefferson said --
(Applause.)
COMMISSIONER HENNING: Thomas Jefferson said,
government can give you everything you need and want, and
government can also take away everything that you need and want.
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September 29, 2009
I don't see a need here to create more government when there is
ample laws on the books for government to enforce. But if my
colleagues are so inclined to approve an ordinance on abandoned and
foreclosed homes, which I think is targeted, I think what NABOR is
proposing is a lesser of two evils, although I cannot support that
ordinance. I think what we need to do is enforce what we have on the
books today.
(Applause.)
CHAIRMAN FIALA: Does everybody remember how we got
into this in the first place? Tell them.
COMMISSIONER COLETTA: We got into it because of the
many years that we've been sitting up here at the dais, we've seen
numerous people coming before us. They were utterly shocked and
dismayed to find out when they got ready to apply for a permit for a
structural change on their house to add a lanai, add a swimming pool,
whatever, that when they showed up at the -- at the permitting office,
they were fined -- they found that the home that they purchased in
good faith had numerous serious violations to it, never permitted.
They came to us for relief. Of course, we have the issue of
health, safety, and welfare. We're bound by the state to be able to fall
within the certain frameworks of what we allow and don't allow. And
we've had to go through a very difficult time. That person that
purchased the house became the ultimate responsible party. Sure, they
could take it back and sue the realtors, sue the person that preceded
them. In some cases though, a couple of decades might have elapsed
and it was long gone and that opportunity had disappeared. But we've
seen it time after time after time, and that's what brought us to this
point.
Now, whether NABOR in a new contract is going to be able to
bring this under control is yet to be seen. But the truth of the matter is,
it is one of those things, you know, we keep looking at staff, we keep
looking at each other. This was a way to be able to try to explore
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September 29, 2009
some possibilities, and possibly the end results may be, NABOR's
contract may get us where we need to be, but I don't know. I really
don't.
CHAIRMAN FIALA: I just wanted everybody to know how this
all started out. It isn't like we wanted to come down on every body and
it's another form of big government. It was in reaction to people who
were victimized actually. Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I appreciate Steve Harrison's
projection of what's going to take place out there, what already has
taken place.
I can tell you that I have a home in my neighborhood, in fact, it's
right next to me. I have been after Code Enforcement a number of
times to have the bank come out there and take care of this piece of
property. They have refused time and time again.
The swimming pool is a cesspool. The lawn is probably almost
2-and-a-halfto 3 feet high. There's mold inside the house. The
electricity's been off since November of '08. I don't believe that just
letting it sit there is the answer.
The other concern that I have is, people who come down here
and want to buy a home in the Naples area figuring that they've got
something that they can have, and then realize that they have huge
amounts of problems within the house, and then when they go down
and find out that they'd like to update the house or change something
inside the house, then they find out there's numerous code violations
and there's no way to address this beforehand, before they buy it.
To me, that's a total sin. These people can come down here and
try to buy a house and then end up with 60-, maybe $80,000 worth of
violations that they bought into and that didn't realize they even had
these violations until at such time as they're going to get a new roof on
the house or they're going to build a garage, or whatever's going to
take place.
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September 29, 2009
And I just don't think that the situation we presently have is
working, not when you can't get the bank to come out there and take
care of covering a swimming pool or come out there and at least cut
the lawn once a month. This lawn hasn't been cut for three months,
and I think that we need to figure out the best way to approach this so
that we take care of not only the buyers that are going to come down
here and buy some of these homes, but also the residents that live here
for health, safety, and welfare.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Ellie, have you gotten to speak yet?
MS. KRIER: Yes, sir.
COMMISSIONER COYLE: Okay.
MS. KRIER: I'm here in case you have questions on the content.
COMMISSIONER COYLE: You're here --
MS. KRIER: I'm here if you have questions on the content.
COMMISSIONER COYLE: Okay. Who's going to be the
person who speaks as a spokesman for everyone; is that you?
MS. KRIER: Yes.
COMMISSIONER COYLE: Okay. Then I've got the question.
Steve Harrison has made a pretty compelling argument for trying
to deal with a problem that is likely to get a lot better. And it's my
understanding, based upon his remarks, that this plan will not deal
with the banks' delays once something goes into lis pendens; is that
essentially correct?
MS. KRIER: At the current time it has to have been -- the
foreclosure has to have passed, that's correct.
COMMISSIONER COYLE: Okay. So it can -- it can sit in this
limbo category for a very, very long period of time, and the house will
deteriorate, and this plan will not address that issue.
MS. KRIER: Your existing code regulations will address that in
terms of grass, in terms of safety issues, such as unsecured windows,
swimming pools that aren't drained and covered. Those are on the
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September 29, 2009
books and they're being enforced now, although regrettably not in
your adjacent neighborhood.
COMMISSIONER COYLE: The problem is that if you can't do
something with these houses and get them off the inventory, it is going
to adversely affect the real estate market and the building industry. It
seems that our joint interests should be to clear all of these properties
out of the market, get them to the point where they can be resold, and
get them sold. How do we do that if the banks are, in fact, delaying
the process?
MS. KRIER: You may need Ms. Flagg to help me on this
question, because what I am observing in her department is fairly
radical participation by the banks, up to and including demolition
permits, where they've taken a structure down that simply cannot be
reclaimed, acknowledging the underlying values in the land, and
they've just -- they've pulled a demo and taken it down. They
understand they're holding liabilities, and because you are the only
county -- and I met recently in Orlando with my fellow colleagues
from around the state, and all of them are in a combative posture in
their Code Enforcement Department. We're in a solve the problem --
we're the only people getting results out of banks in the State of
Florida. Everybody else says, how are you doing this?
Well, we're not attacking them. We are est- -- we. Diane and her
office have established lines of communications with every single
bank holding a foreclosed -- doesn't answer the near lis pendens --
foreclosed property, and they have a number, they have a name, they
pick up the phone, they mow the grass. These things are happening,
creating a climate in which a solution can happen. And if you need to
ask Ms. Flagg about the lis pendens part --
COMMISSIONER COYLE: I'm very familiar with the program.
I've had the report from the department. But maybe -- where is she?
MS. KRIER: Right there.
COMMISSIONER COYLE: Oh, there you are. Hiding behind
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the podium.
MS. FLAGG: Diane Flagg, Code Enforcement Director, for the
record.
COMMISSIONER COYLE: Diane, how are you going to deal
with the situations that Steve Harrison found on a single day's drive
through the Estates area?
MS. FLAGG: As I shared with Mr. Harrison -- because we
provided the follow-up for him -- the vast majority of properties they
found had not been reported to Code Enforcement.
We're opening on the average of 200 new cases every week. And
the reality is that there are still a significant number of properties that
have not been identified and reported to Code Enforcement which is --
as you know, part of the Blight Prevention Program is listing the
assistance of realtors and community members to report those
properties to us so that we can then open code cases and make contact
with the bank.
COMMISSIONER COYLE: So you believe you have a
mechanism to deal with those properties that have been identified by
Mr. Harrison?
MS. FLAGG: Well, one of the challenges is to identify all the
properties. The second challenge is the one that Commissioner Halas
brought up, is if we have a bank that -- in his particular case a bank
bought another bank. I mean, this foreclosure challenge is truly a
challenge.
COMMISSIONER COYLE: With our tax dollars.
MS. FLAGG: Probably. All that money they were given and
didn't have to speak for how they were going to spend it.
It's important to remember that the foreclosure crisis across our
nation is a multi-faceted issue. One of the issues is identifying all the
properties that are in lis pendens that need to be addressed by the
bank. Another issue is identifying the bank.
And as I have shared with you-all before, it's not unusual for us
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September 29, 2009
to go to SCC filings or to do the research and to tell the bank, this
property is yours. It's not unusual for a bank to not know that that
property was theirs.
And then the second item is to convince the bank to address the
property in the lis pendens because they are required to address it once
they take the Certificate of Title. But we're asking the bank to address
it in lis pendens. It's important to know that the lis pendens time
frame, just in this past year, has increased from about an average of a
year to now we're at two years.
We anticipate that it will be longer. And as I have shared with
you, that the other thing that we're learning from the banks, is they
have a significant inventory of properties that they already have title
to that they have not released to the market.
So this, again, is a multi-faceted issue when you're talking about
the foreclosure crisis across the nation.
COMMISSIONER COYLE: But we still have the authority to
go in and mow grass and place a lien against the property.
MS. FLAGG: Correct. That--
COMMISSIONER COYLE: So there should be no substantial
delays with respect to properties that have been reported to us as far as
making them reasonably presentable.
MS. FLAGG: Correct. What that will take is, again, what we're
receiving, which is significant community assistance in identifying
those properties for us. We're working with 29 people as
investigators, and those 29 people are having to open cases and do the
investigation. So in terms of -- we're already at an average of 200 new
cases a week.
COMMISSIONER COYLE: Well, I know of someone who has
a very important problem in that respect in District 1 (sic), and the
name is Halas. So if you would contact --
COMMISSIONER HALAS: District 2.
COMMISSIONER COYLE: I'm sorry, District 2, of course, of
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September 29, 2009
course. But there might be someone in District 1 who needs help, too.
But I'd appreciate it if you'd contact Mr. Halas and take care of
that problem. We've got the authority to do it. It's been reported.
Let's do it.
COMMISSIONER HALAS: Many times.
MS. FLAGG: He's on the -- his -- all those issues will be
addressed by the end of October. And I'm saying -- it will be before
then, but I'll say to the end of October.
So what I'm saying to you is, is that yes, we have the authority to
abate the issues using county taxpayers' funds. What our goal is is to
first utilize bank funds to address. The banks have expended over a
half a million dollars in Collier County in the lis pendens status to
abate violations. Banks such as the bank next to Commissioner Halas,
that bank was bought by another bank, so then, again, we have to
restart the whole process with the bank.
I mean, it's a complicated process. But you're absolutely right. If
the county wanted to take the position, spend the taxpayers' funds to
abate every violation within 30 days, we can do that. What we've
been focusing on is getting the bank to spend their money to abate.
COMMISSIONER COYLE: Okay. Now let's get to the bottom
line. We've got a plan that the community got together to develop but
they don't like. Is that a fair assessment?
MS. KRIER: Yes, sir. We were -- we were tasked to do this as
the only way to stop what we considered a terrible solution, and we
have done that for you.
COMMISSIONER COYLE: And you prefer that we do nothing.
MS. KRIER: We would prefer you not pass this ordinance and
allow us to continue to ramp up what we've already been doing, what
Ms. Flagg's department's already been doing, and turn this ship around
and make our neighborhoods safe.
I think we're -- I think we stand out in the State of Florida in
terms of a collaborative, positive effort, and I think we're making
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September 29, 2009
progress.
COMMISSIONER COYLE: What will you do to make sure that
people understand their rights? I understand that we're changing some
of the forms. We're going to change some procedures that will be in
place. I understand the forms will be completed before the end of this
year; is that correct?
MS. KRIER: Yes, sir.
COMMISSIONER COYLE: Okay.
MS. KRIER: And part of that form, much like radon, as Mr.
Pilon spoke about, there is in draft already through Ms. Flagg's
department, a brochure that will be handed to you as part of this
contract about Code Enforcement. Now, you can tell any client that,
you know, you should do the following things and here's the
information on them. It's then their choice. Our goal is to create for
you the informed buyer so that nobody is unsuspecting.
COMMISSIONER COYLE: That's the important issue because
we get people who don't have a clue here, and they've been financially
hurt very badly.
MS. KRIER: Yes.
COMMISSIONER COYLE: And they don't quite understand the
concept of letting the buyer beware, and they don't understand the
concept of doing their due diligence before they buy a piece of
property .
But let's face it, our job is to make it easier for people to buy
properties and to make sure that they are not cheated in some way.
And if -- my position would be, if you can develop a good enough
public relations and notification program that clearly informs each
potential buyer of their rights to have an inspection and have them
sign that form, I would be less concerned about what happens to them
after that because it would have happened because of their poor
judgment.
But I do not like to see people come in here having spent their
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September 29, 2009
life savings on a piece of property only to find out that they have to
make major, major modifications to it. I don't like to be in that
position.
So I would like -- if you can -- if you can create a good, strong
program that requires a buyer's written acknowledgment that they
have been informed of their rights to have an inspection and have
either declined to do so or they have done so, then I would feel a lot
more comfortable about the process.
MS. KRIER: Well, as you heard from Mr. Pilon, our contract is
already in draft to accomplish that. We're on our second draft with
Code Enforcement, a flyer that will be distributed when the contract is
amended, and we are committed to educating Realtors as to their
obligation to inform people of the risks they take if they choose not to
do this inspection.
COMMISSIONER COYLE: Okay. So we continue -- you're
recommendation is, we continue with the Flagg program?
MS. KRIER: Yes, sir.
COMMISSIONER COYLE: I -- in the very beginning I said, if
this works, it's going to be because the community got together and
made it work. If it's wrong, it's going to be Diane Flagg's problem.
MS. FLAGG: Thank you, Commissioner.
COMMISSIONER COYLE: So we continue with the Flagg
program. You develop a stronger program of buyer notification and
education that can be verified.
MS. KRIER: Yes, sir.
COMMISSIONER COYLE: And other than that, you would
suggest we just leave it alone.
MS. KRIER: Yes, sir.
COMMISSIONER COYLE: How many people agree with that?
(Applause.)
COMMISSIONER COYLE: How many people don't agree with
that?
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September 29, 2009
CHAIRMAN FIALA: Pretty brave.
COMMISSIONER COYLE: Yeah, okay.
MR. MUDD: Could we get a motion?
CHAIRMAN FIALA: I've got three more speakers.
COMMISSIONER COYLE: Not from me.
CHAIRMAN FIALA: But we'll wait -- we'll wait to hear from
you.
COMMISSIONER COYLE: Yes, yes, of course.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, I want to get to the next
time certain. I think it's very important that we address it.
But you know -- and Diane, the house next to Commissioner
Halas, it's a nuisance abatement issue, correct me if I am wrong.
Besides the weeds, wouldn't the pool be a health, safety, welfare under
the nuisance abatement?
MS. FLAGG: Not unless a -- no. Pools are not nuisance
abatement. They would actually have to go to a hearing, which it's
been scheduled for a hearing. So the pool's been scheduled for a
hearing. The weeds will be abated by the end of next week.
COMMISSIONER HENNING: Okay.
MS. FLAGG: The difference will be, is that the bank won't be
abating because the banks -- we're still chasing which bank bought
which bank. So we, the county, are going to abate, and then lien the
property .
COMMISSIONER HENNING: Well-- so you are addressing
Commissioner Halas' concerns --
MS. FLAGG: Yes, sir.
COMMISSIONER HENNING: -- on the house next door to
him? Well, that's good.
You know, over the weekend I looked at a vehicle that I was
considering purchasing. Well, the owner a year ago, when she
purchased it, she paid what I can estimate as twice the amount of what
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September 29, 2009
the rate for that vehicle was, and she's asking twice the amount that it's
worth.
Now, who in county government was there to protect her from
paying twice the amount that it was worth? And more importantly,
who's going to be there to tell her she can't sell it for twice the amount
that it's worth?
And I guess my point is -- my point is, it's buyer beware. You
know, the -- we can provide as much government as you want and
need, but also government can take away as much as you have and
need.
So if there is a market solution -- and I welcome -- and I'm going
to make a motion. I welcome the industries saying, you know what,
we're going to educate the public on what they want and need, and that
is education to protect themselves.
So I'm going to make a motion not to pass this and ask NABOR
to come back in a follow-up on what they're going to do to educate the
public on their due diligence in purchasing these homes and support
Diane Flagg in her efforts to -- on these foreclosed and abandoned
homes.
COMMISSIONER COLETTA: I'll be happy to second that
motion. I was going to make a similar one.
CHAIRMAN FIALA: Okay. I have a motion and a second.
Commissioner Coletta, you're the next speaker -- next--
COMMISSIONER COLETTA: Well, to be honest with you, we
just covered it. Thank you.
CHAIRMAN FIALA: Okay, very good.
And Commissioner Halas?
COMMISSIONER HALAS: Yes. Diane, I'm sure that this isn't
a unique situation that I'm running into, and I'm sure that there are a
lot of other homes out there that are probably in that same
predicament.
That lawn in the case of where I live at -- and I see it every day --
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September 29, 2009
the lawn has only been mowed twice, okay. How do other people
confront this? And if -- I've contacted you in regards to this. Nothing
has been done. You tell me that, well, it's going to be mowed maybe
the end of next week or whatever.
I would think that when banks have these homes in foreclosure
and you contact them the first time, that they realize that they have an
obligation.
My concern is, I'm sure I'm not the only one in this predicament.
So how can we address this? And if we have to use county funds to
get these properties in shape and then go back and get the money from
the bank. So what do you recommend?
MS. FLAGG: Well, in terms of -- it's important to differentiate
between a home that is in lis pendens and then a home where the bank
has Certificate of Title. Once the bank has Certificate of Title where
they actually own the home, then we can demand that they mow the
grass, fix the pool. In your case, in the home that is in lis pendens,
we're asking the bank to abate.
One of the things that we can do and what I would recommend,
although it will impact the budget that we have to abate, is to set a
specific time frame for the bank to abate, and if the bank doesn't abate,
then we go in and abate and lien the property.
COMMISSIONER HALAS: But the problem is, you have lis
pendens, okay? So the banks don't want to add any more costs to
what they have on this property because they don't want to have to
show a loss, especially if you have a million dollar house and now it's
only worth $600,000. And, of course, there's -- there's other things
that are starting to fall apart on this house because the power's been
shut off.
So I don't really know that we're getting really down to the
answer, because as long as that house is in lis pendens, the bank isn't
going to do a darn thing; am I right?
MS. FLAGG: Well-- well, the first bank that we dealt with on
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September 29, 2009
that house did abate. Unfortunately, the bank -- another bank bought
another bank, and so now we're dealing with a different bank, so --
COMMISSIONER HALAS: I'm saying I'm not the only one
that's got this problem.
MS. FLAGG: No, you're correct.
COMMISSIONER HALAS: Okay.
MS. FLAGG: The banks are folding, the banks are being taken
over, the banks are buying each other. So it is -- it is truly a moving
target. I mean, when we, Code Enforcement, has to tell the bank, by
the way, this is your property, and then we have to provide them the
documentation to show them that this is their property. But this is not
-- this is not limited to Collier County. This is a national issue, and it's
millions upon millions upon millions of foreclosures happening.
And, you know, in Collier County alone it's well over 10,000 that
have occurred. So the answer to get quick abatement is to give the
bank a certain amount of time. If they don't abate within an amount of
time, then have the county go in and abate and lien the property.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I was not aware that we had to
know the owner before we could lien a piece of property.
MS. FLAGG: Yeah.
COMMISSIONER COYLE: We have to identify the specific
owner; we can't just lien the property?
MS. FLAGG: No, sir. We have an obligation to notify the
property owner before we go in and abate.
COMMISSIONER COYLE: It's -- is there not an owner of
record for that particular property here in Collier County?
MS. FLAGG: Are we talking about the property next door to
Commissioner Halas?
COMMISSIONER COYLE: Any of those, any of those?
MS. FLAGG: Yes. Any of the properties where the bank--
where the property is in lis pendens, there is a property owner of
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September 29,2009
record. So if the county goes -- if the county says, okay, we're going
to abate -- let's say it's been 30 days and the county says we're going
to abate, then we notify the property of record. They have, depending
on what the violation is, they have a certain amount of time to respond
COMMISSIONER COYLE: Okay. But stop there. And I don't
want to belabor this. We can do this privately. But I'm not convinced
that we have to wait all that much time.
If you have a property of -- an owner of record of the property
and you notify that owner of record of the property that there are
deficiencies that have to be corrected and they fail to do it and we go
in and correct the deficiencies, file a lien against that property -- and
the fact somebody in the interim buys the property, they inherent the
lien.
MS. FLAGG: Correct.
COMMISSIONER COYLE: Okay. So I'm not sure that we have
to be bothered too much by subsequent changes that really occur too
fast for us to keep track of them. But we'll talk about that privately.
I'd like to get the County Attorney's --
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
Commissioner Henning?
COMMISSIONER HENNING: Just real quick. You know, I
encourage the public to stay here with us til' noon when we take our
break, but if you cannot, when you leave, can you leave very quietly,
please, so we can continue the meeting. That's all I wanted to say.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
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September 29, 2009
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: That's 4-1. Thank you.
MS. KRIER: Thank you.
CHAIRMAN FIALA: And now we go to our 11 o'clock time
certain --
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: -- and that is your evaluation.
(Applause.)
MR. MUDD: But I think we need to do something to the people
that did public petitions. You're not going to be able to get to them
right now, but if you could tell them what time -- right now the Jones
Mine after one o'clock has been continued till the next meeting until
get that done, and then you do have one zoning issue and a 1 7 item
that has been moved. There isn't much -- there isn't much time, but
what I will tell you is -- because then you've got a two o'clock time
certain and a three o'clock time certain, and so they're kind of -- been
here since nine o'clock. So if you want to say, hey, 1 :30 be back and
we'll hit those and wherever we are, we'll take up for it?
CHAIRMAN FIALA: Okay. We can do that. There are five
petitioners that we -- that are public petitions that we have not even
addressed yet. And so, folks, we'll do that at 1 :30. I'll take your
advice, Mr. Mudd, and we'll address those five issues. And we'll try
and all keep it concise here and not talk as much.
COMMISSIONER HENNING: We've done a good job.
CHAIRMAN FIALA: Thank you. Okay. But we'd invite you to
stay . We're going to be discussing Jim Mudd's valuation next.
Item #10D
ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY
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September 29, 2009
MANAGER - MOTION TO NAME THE NEW EMERGENCY
OPERATIONS CENTER AFTER JIM MUDD - APPROVED;
MOTION TO APPOINT DEPUTY COUNTY MANAGER LEO
OCHS AS COUNTY MANAGER - APPROVED;
RESOLUTION 2009-232A - EXTENDING THE VSIP TO JIM
MUDD - ADOPTED
MR. MUDD: Yes, ma'am. That brings us to -- 10D is the annual
performance appraisal of the County Manager, and Jim Mudd, the
County Manager, that's me, will present, and that's followed by the
annual work plan for the County Manager.
Yesterday I provided each commissioner a composite score and
comments from each commissioner that I received, and it looks
something like that, and I added -- and I took all the scores and any
comments that I received either on the back sheet and/or comments
that were on any particular item, I made copies of those particular
items so the commissioners could see what was said prior.
And the grade sheet -- the tally sheet for all the scores -- and each
commissioner's score is on the sheet prior, and then the tally sheet at
the end is the average scores for each one of the commissioners. And
you basically have what it is for the person -- personnel leadership
growth, and that goes across that column right there, and then the
separate goals for 2009 that the board approved at the end of
September, first part of October of 2008. Those are the scores. Then
there's an average between the two, because they're weighted
differently, 40 percent, 60 percent, and then the final overall average
grade is 2.809.
What I'm basically asking the board in this particular case is that
I not receive any merit pay in keeping with exactly where we are with
the other employees; no merit pay, no COLA.
There is also a stipulation in my contract that says a year prior to
the end of the County Manager's contract, that the board can extend
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September 29, 2009
his contract for two years. I would request because of my health
conditions that the board not consider that particular -- that particular
provision because that isn't going to be there, and I -- at the end of this
I'd just like to read a statement. And I've already talked to the
chairman about that, if she would be so kind.
I will also tell you the next item was a little awkward for me, and
that's basically setting the goals for the County Manager for the next
year. And that -- what I tried to do was do that as objective as I could.
And I assumed in that particular case that the manager at that time
would be in good health and be able to do those things, but I tried to
make sure that there was nothing that was there -- I uncovered every
rock to make sure that if there was something out there that could bite
this commission or this county, we identified it ahead of time no
matter who this board approves to be at the helm of this particular
organization.
CHAIRMAN FIALA: Thank you, Mr. Mudd.
Commissioner Henning?
COMMISSIONER HENNING: Well, County Manager, I -- my
evaluation, I know in the past I've been critical, but my evaluation is
to show my appreciation for your leadership in Collier County . You
got us out of a heck of a hole over the years of not building
infrastructure, and we can all see a difference. And for that, I am very
thankful for you, and I am very thankful that you're taking personal
time with -- for your family as we discussed.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: And I wish you well.
MR. MUDD: Thank you, sir.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I wish this was under different
circumstances. It's -- what we have accomplished over the years has
been absolutely remarkable, and I think every one of these
commissioners realizes that the reason that we have survived this long,
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September 29, 2009
12 long years for three of us, is because of the excellent work that the
county has been putting out under your leadership.
I guess the big question isn't where we were, because we already
know that -- we've accomplished unbelievable goals -- but where
we're going to go in the future. Without you at the helm, I'm not too
sure what to say.
And I'm going to bring something up, and I know there's some
other people working on similar projects, so I'm not going to claim
ownership to this myself, but -- and I talked to you about this
yesterday, because I wouldn't do anything without your permission __
the whole community needs to find closure on this issue. It's not Jim
Mudd just going through a medical condition and having to move on.
It's the whole community itself who feels so much attached to you and
loves you dearly for what you've accomplished and how you've
handled it.
What I'm going to propose to my fellow commissioners today __
and once again, I don't claim ownership to this totally. I've been
talking about it for about three months now, and other people are
looking at the same thing -- I would like to see the new emergency
operations center named in your honor.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Third. That's exactly what I was going to
say, too, and I have to say, just -- and I'm going to jump in here. Staff
members have talked to me about it, people out in the community
have said the same thing. I can't imagine how many people have had
the very same idea, and so I'm all on board with that, and you don't
even have anything to say about it, Mr. Mudd. You're going to just
have to sit there. We can do it without you.
MR. MUDD: I'm speechless, ma'am.
COMMISSIONER COYLE: That's a first.
CHAIRMAN FIALA: Why don't you make a motion to that
effect?
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September 29, 2009
COMMISSIONER COLETTA: I did.
COMMISSIONER COYLE: He did.
CHAIRMAN FIALA: And you seconded it, and I thirded it,
come to think of it.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Wait, wait, wait. I'm all in favor
of that, but --
CHAIRMAN FIALA: Good.
COMMISSIONER HENNING: -- if that's okay with Jim Mudd.
COMMISSIONER COLETTA: I just told you that I talked to
him ahead of time. I wouldn't do it without his permission.
COMMISSIONER COYLE: The staffs been working on this
and already got it all set up, so it's a matter of getting our approval.
COMMISSIONER HENNING: I appreciate you bringing that
forward.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: That should be and is a 5-0.
(Applause.)
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I think what I had to say to
Jim; I wrote out in the two-page letter that was attached with my
evaluation of him, and it's kind of difficult.
But I also was one of the people that also thought that we needed
to honor him by naming the new emergency operations center in his
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'-' ,.,~'_.'''''''-".--_. .
September 29, 2009
name.
I got a lot to be thankful for. Working with Jim as the County
Manager, as was stated earlier, we've accomplished a lot, and I got to
thank him for assisting me in going to Washington, and I think that it's
paid off dearly for this county where we've brought back a lot of
funds. And thank you, Jim. You did a great job.
CHAIRMAN FIALA: And Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I just want to say that as far
as I'm concerned this is not goodbye. I expect you to be back here
hopefully early next year, asking that we take your name off that
building and having you return to work with us. And you've been a
great asset to this entire county . We're all proud of you. And we're
right there beside you in this fight, and we are very confident you're
going to succeed. So thank you. Take some time off, get well, and
come back.
CHAIRMAN FIALA: And Jim, I'll just close this time by saying
we love you.
MR. MUDD: Now I've got a closing statement.
CHAIRMAN FIALA: I have to finish -- I have to finish first and
just tell you that it has been a joy working with you, and if you -- if all
of this love that you see outpouring here today can do anything, it will
certainly make you well and bring you back to us.
And you wanted to say some closing remarks, did you say?
MR. MUDD: Yes, ma'am.
COMMISSIONER COYLE: After he finishes with his final
remarks, I'm going to give him some final remarks.
MR. MUDD: Commissioners, as you know, the prognosis of my
current medical condition is grim. I've reached a point where
physically I can no longer perform my job in a manner that lives up to
the standards that I have always set for myself.
I have given everything I have to you, my employers, and for the
people of Collier County. There are things that I have said that I wish Io
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September 29, 2009
hadn't and there are things that I've done that I would probably do
differently if given a second chance. But in the end, I always had the
best interests of this community at heart.
Collier County is my home, too, and I wanted to do what I felt
was right for our residents. Together we have gone through the boom
times, and now we are experiencing perhaps the most severe economic
slowdown most of us can remember.
But together and under your direction and leadership, I believe
we have accomplished many great things for this county. Roads were
built, our water and sewer plants operate efficiently and in full
compliance with state and federal laws, our landfill is no longer
offending its neighbors. We experienced the first hurricane to make
landfall in Collier County in 45 years, and we were recognized by
state and federal officials as a model for the rest of the country when it
comes to hurricane preparedness and response.
We have provided beautiful new parks and libraries for our
residents. Collier Area Transit has grown to the point where we now
service more than 1 million riders annually . We were green before
green became the latest buzz word in government with our highly
successful recycling program and our ability to convert billions of
gallons of wastewater to high-quality irrigation or reclaimed water.
We re-nourished several of our beaches with no rocks and began
to address many of our stormwater issues. We've established a solid
presence in Tallahassee and Washington, D.C., and are now seeking
the results -- and seeing the results of our efforts, particularly federal
dollars coming our way with the help of Congressmen Mack and
Diaz-Balart. And we accomplished all of this while keeping the tax
burden on our residents as low as we possibly could.
I believe I set the highest ethical standards for the organization
and I believe those standards were consistently met by our employees.
It has been an honor for me to lead an organization in which each
and every employee takes pride in the work they do for the people of
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September 29, 2009
Collier County.
But now I must step aside, and tomorrow, September 30th, will
be my final day as your County Manager. As you face the questions
of choosing my successor, I would ask that you consider this: I am
not leaving because of job performance issues. I am leaving because,
to put it bluntly, I am gravely ill.
As a group, if are you dissatisfied with where we are today as a
county, then by all means you should conduct a nationwide search to
find your next County Manager; but as a group, if you are satisfied
with my work and the policies and programs and procedures that we
have established and put into place over these past seven years, then I
believe the person best prepared and best qualified to continue those
policies and programs is my Deputy County Manager, Mr. Leo Ochs.
COMMISSIONER HALAS: So moved.
MR. MUDD: As I stated in my self --
CHAIRMAN FIALA: Second.
MR. MUDD: -- evaluation, one of the truly bright spots in this
unfortunate situation has been watching -- has been watching my staff,
and especially Mr. Ochs, rise to the occasion in a so very professional
manner over the past several months when I couldn't be there.
In my view Leo has done an outstanding job, an exceptional job,
keeping the organization focused and on track, and he is the right
person at the right time for this job.
In closing, thank you for your support and thank you for your
critiques. Your input made me a better County Manager. But most of
all, thank you for having the confidence to give me this wonderful
opportunity to be your County Manager. It is a job that I truly relish,
and it has been a privilege to serve you and the people of this
community .
I will miss you, and I will miss my staff. It may sound a little
crazy, but I will also miss the long hours, the daily grind of managing
this organization.
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September 29, 2009
Keep me and my family in your prayers. I wish you all nothing
but good fortune and success in the future.
Madam Chairman, thank you for giving me this opportunity to
share these thoughts with you.
CHAIRMAN FIALA: Thank you. Commissioner Coyle?
(Applause.)
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: You know, there's something that
we all learn from situations like this. And one of the things that I've
learned that I didn't know was that when Jim goes on long-term
disability, he no longer has county health insurance coverage. He's
got to pay that out of his pocket. That's an increased cost, could be a
substantially increased cost for him and his family.
Over the past four, five years, Jim has voluntarily given up
$73,000 in compensation just so we can help balance the budget. I
think it's time that we repay him and let him take advantage of the
voluntary separation incentive that is available to all other members of
the Collier County Staff who leave employment early.
So I would make a motion that Jim be given the opportunity to
take the voluntary separation -_
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: -- incentive so that he will have
health insurance coverage.
CHAIRMAN FIALA: Now, County Attorney, I have two
motions on the floor. The first motion which was made by
Commissioner Halas and seconded by Commissioner Fiala was to
place Leo in the position of the new County Manager per Jim Mudd's
suggestion. We haven't voted on that yet.
COMMISSIONER HALAS: Let's do that one.
CHAIRMAN FIALA: And the second motion, of course, was
just made by Commissioner Coyle. I think I have to take one at a time
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September 29, 2009
here, obviously. So -- and Commissioner Henning, would you mind
waiting for a minute while we do this? Okay. Because Commissioner
Henning has also asked to speak.
So the first motion on the floor is Commissioner Halas' . Would
you like to make that motion one more time?
COMMISSIONER HALAS: The motion is to have Leo Ochs be
our interim County Manager.
CHAIRMAN FIALA: Interim or --
COMMISSIONER HALAS: County Manager.
CHAIRMAN FIALA: County Manager. And I seconded that.
Any discussion on that particular item? Commissioner Henning?
COMMISSIONER HENNING: Yeah, the -- you know, Leo
might be the best County Manager for Collier County, but how would
you know that unless you did a national search to compare
candidates? How would we know that? We wouldn't know that. I
mean, we did that with the County Attorney . We took the time and
expended very little dollars to do that. You know, I wouldn't feel
comfortable unless we did a national search for the community.
CHAIRMAN FIALA: Does anybody have a comment -- or I'll
just stick a comment in. First of all, I think Jim Mudd, who has been
an outstanding County Manager and who was a colonel in the Army
before then and I feel is an outstanding judge of character, would
know perfectly well who would make a good County Manager, and
he's worked side by side with Leo for six years, seven years, eight
years -- I don't know what it is, and so his recommendation -- we
could go through a whole litany of interviewing people. You never
really know what -- why they're looking for the job in the first place.
We know Leo. We -- and he's got the history here and he's got the
backing of our staff as well.
You know, if you've got a good thing, why tamper with it? Don't
fix it if ain't broken. So in my opinion, I'm with Leo.
Any other commissioners' comments?
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September 29, 2009
COMMISSIONER COYLE: I agree with you.
CHAIRMAN FIALA: Just about this item.
COMMISSIONER COYLE: I agree with you.
COMMISSIONER HALAS: I agree with you 100 percent, and I
feel that Leo has been well mentored by the County Manager, and
when the County Manager recommends somebody, I take his word for
it. So I think that's where we need to go.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote. Thank you.
N ow we're going to go back to the second motion, which was
Commissioner Coyle's, and I also have Commissioner Henning.
COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: I'm done.
CHAIRMAN FIALA: You're done, too?
And Commissioner Coy Ie, would you like to make your motion
one more time?
COMMISSIONER COYLE: Yes. I make the motion that we
extend to the County Manager the voluntary separation incentive that
is provided to all other employees who are leaving their employment
early.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: And I have a second by Commissioner
Coletta.
Okay. Any discussion on that particular item?
(No response.)
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September 29, 2009
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Okay. That is a 5-0. Thank you.
Any more discussion on this particular item?
MR. MUDD: No, ma'am.
CHAIRMAN FIALA: Jim?
Item #lOE
REVIEW AND APPROVE THE FY2010 ANNUAL WORK PLAN
FOR THE COUNTY MANAGER - MOTION FOR LEO OCHS TO
WORK WITH THE FY2010 GOALS FOR 4 MONTHS AND
REPORT BACK - APPROVED
MR. MUDD: The next item is goals though, and so I set them up
thinking about me doing it. I mentioned to you that it's awkward.
What I would -- what I would suggest though is the board take a good,
hard look at those goals. Maybe not get after it this meeting, but
discuss it next meeting to add whatever ones based on decisions that
have been made today so that you can set those correctly in the -- and
they fit the person that you're going to hold accountable for them.
COMMISSIONER HENNING: Motion to continue.
CHAIRMAN FIALA: Can I ask you, did you work with Leo on
these goals so he -- was he a part of establishing these --
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: -- sets of goals?
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September 29, 2009
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: So in other words, it would -- you know,
the transition would be easy? Okay.
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Okay. Did somebody else -- did you start
to say something?
COMMISSIONER HENNING: I think it's a great idea to
continue this item to our next meeting.
CHAIRMAN FIALA: Okay. That's good.
Commissioner Coyle.
COMMISSIONER COYLE: I have an alternative solution or
recommendation for you to consider. Rather than trying to do this just
on the basis -- on the basis of our review, why not give Leo four or
five months to operate under these goals and then, in collaboration
with Leo, we can determine whether he thinks there should be some
adjustments to those things.
COMMISSIONER HALAS: I think that's a great idea,
Commissioner Coyle.
CHAIRMAN FIALA: I do, too.
COMMISSIONER HALAS: And I'll second that.
COMMISSIONER COLETTA: I do, too.
CHAIRMAN FIALA: Okay. Motion on the floor and a second.
And you all understand the motion. You got it, too. Okay.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay, 5-0.
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September 29, 2009
Thank you.
With that, I think we're going to go breaking for our--
MR. MUDD: Shade session, ma'am.
CHAIRMAN FIALA: -- shade session.
MR. MUDD: County Attorney.
MR. KLATZKOW: We will be going into the shade session as
has been noticed on this agenda. Estimated time is approximately a
half hour.
In addition to the commissioners, it will be myself, Mr. Jim
Mudd or Leo Ochs, and Jacqueline Hubbard.
(The shade session was held, a brief recess was had, and the
proceedings continued as follows.)
Item #12C
NOTICE IS HEREBY GIVEN THAT PURSUANT TO SECTION
286.011(8), FLA. STAT., THE COUNTY ATTORNEY DESIRES
ADVICE FROM THE BOARD OF COUNTY COMMISSIONERS
IN CLOSED ATTORNEY-CLIENT SESSION ON TUESDAY,
SEPTEMBER 29,2009, AT A TIME CERTAIN OF 12:00 NOON
IN THE COMMISSION CONFERENCE ROOM, 3RD FLOOR, W.
HARMON TURNER BUILDING, COLLIER COUNTY
GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA. IN ADDITION TO BOARD MEMBERS,
COUNTY MANAGER JAMES V. MUDD (OR IN HIS ABSENCE,
DEPUTY COUNTY MANAGER LEO OCHES), COUNTY
ATTORNEY JEFFREY A. KLATZKOW AND LITIGATION
SECTION CHIEF JACQUELINE W. HUBBARD WILL BE IN
ATTENDANCE - CLOSED SESSION
MR.OCHS: Ladies and gentlemen, if you'd please take your
seats.
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September 29, 2009
Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much.
Well, here we are back from lunch.
Item #12D
BOARD OF COUNTY COMMISSIONERS TO PROVIDE
DIRECTION TO THE COUNTY ATTORNEY REGARDING
STRATEGY RELATED TO LITIGATION EXPENDITURES AND
SETTLEMENT NEGOTIATIONS IN THE PENDING CASE OF
DWIGHT E. BROCK, CLERK OF COURTS V. COLLIER
COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO
GOVERNING BOARD OF THE OCHOPEE AREA FIRE
CONTROL & EMERGENCY MEDICAL CARE SPECIAL
TAXING DISTRICT, A/K/A THE OCHOPEE FIRE DISTRICT;
LINDA T. SWISHER AND PAUL W. WILSON, CASE NO. 04-
941-CA CONSOLIDATED WITH BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF
COLLIER COUNTY, FLORIDA - MOTION TO HAVE COUNTY
ATTORNEY'S OFFICE TAKE CASE TO FLORIDA SUPREME
COURT - APPROVED
MR.OCHS: Ma'am, this takes us to 12D, County Attorney.
MR. KLATZKOW: Yes. We are now out of the sunshine (sic),
and I need the board to direct the County Attorney's Office whether or
not you wish to -- for the County Attorney to ask for a rehearing on
the decision or, in the alternative, to get certified -- the case certified
as a matter of great public importance to the Supreme Court in
Florida, which otherwise takes court -- this case to the Florida
Supreme Court.
Page 90
September 29, 2009
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: We're in the sunshine. We're not
out of the sunshine.
MR. KLATZKOW: I'm sorry. We're out of the shade.
COMMISSIONER HENNING: Out of the shade. Okay. We're
doing the public's business in the public.
CHAIRMAN FIALA: Okay. So lead us from here.
MR. KLATZKOW: Yeah. I need a decision. Do you wish me
to ask the Court for a rehearing of the decisions or, in the alternative,
to certify this as a matter of great public importance to the Florida
Supreme Court, or in any event, to try to appeal this decision to the
Florida Supreme Court?
COMMISSIONER HALAS: Yes.
MR. KLATZKOW: Is that a motion?
COMMISSIONER HALAS: That's a motion.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: I have a motion on the floor and a second.
Would anybody like to repeat that motion for the record? Maybe you
can do that, Mr. Attorney.
MR. KLATZKOW: Yes. The motion is, you're directing the
County Attorney's Office to ask the Second DCA to rehear their
decision or, in the alternative, to certify that this is a case of great
public importance for the Florida Supreme Court or, in any event, to
appeal this case to the Florida Supreme Court.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Okay. Is -- is it proper to try to
explain why we would want to do that?
MR. KLATZKOW: It is not improper.
COMMISSIONER COYLE: Okay. Then let me try to do it,
okay, and you correct me if I'm wrong.
And first I'd like to start off by asking members of this board, are
any of you at all concerned about being audited by an independent
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September 29, 2009
auditor?
CHAIRMAN FIALA: Let's go one by one.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: And each can state, all right?
COMMISSIONER COYLE: All right. I'll start off. I do not
now have nor have I ever had any concern or reluctance to be audited
by an independent, unbiased auditor.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: And I feel the same way. We have
nothing to hide, and I think that this has carried on way too long, and I
hope that the -- this gets out to the general public that we have -- we
don't feel that we have anything to hide, and any independent auditor
is welcome to check out the Board of County Commissioners.
CHAIRMAN FIALA: I'll tell you, I've welcomed an audit all
along. You know, that's the only way you can look people in the eye
is anytime anybody wants to audit you, let them audit you. The only
time you don't want somebody to audit you is when you're hiding
something, and we welcome it because we have nothing to hide, for
goodness sake.
And I just -- I just hate it when the Naples Daily News accuses us
of things, and they never even ask us.
Commissioner Coletta?
COMMISSIONER COLETTA: I welcome the audit. I think the
audit that I don't care for is a political audit.
CHAIRMAN FIALA: Oh, good.
COMMISSIONER COLETTA: That's what has to be avoided.
But an unbiased audit that comes especially from outside, absolutely.
Never -- we never -- I never would refuse one and never will.
CHAIRMAN FIALA: And Commissioner Henning?
COMMISSIONER HENNING: Yeah. I don't have anything to
hide. That's why I'm not going to support the motion.
COMMISSIONER COYLE: Okay. Now, let me take a second
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September 29, 2009
part of that. We're pursuing this particular case to the Supreme Court
because we want a -- an independent audit capability. The clerk is not
independent. The clerk functions as the person who writes the checks
and makes sure that invoices are properly and legally paid. It then
becomes a ridiculous exercise for the clerk to audit what he already
did. That is not an independent audit.
And in our opinion, the audits he conducts are generally
politically motivated, and we don't think politics should enter into that
situation.
So what we would like to do is get the courts or the legislature to
solve this problem by identifying a method of having independent
audits of the Board of County Commissioners as well as the Clerk's
Office. It's not something that can be done by the clerk.
In fact, any auditor would turn down an assignment to conduct an
audit of his own business, okay.
Yeah, make sure you tell him to tune in on this thing.
The -- so we want to have unbiased audits. We have tried to find
out from the Clerk's Office how much he charges us for payroll
processing. We did this in a public meeting here. I tried for a long
time to try to get an answer, and we couldn't get a simple answer
about how much does it cost to do the payroll processing for the Board
of County Commissioners because we wanted to see if we were -- we
had some alternatives that might be cheaper so we can save taxpayer
money . We could never get that.
We engaged a public accounting firm to audit the clerk's records
of a number of charges to us, and after trying for weeks and weeks,
they gave up in disgust and resigned the assignment because the clerk
was not cooperative.
So this will go on forever and ever. It is not our fault. We're
trying to reach a solution, but we'll never reach a solution with this
clerk. So we depend upon the court and the legislature to tell us how
they want us to work it, and whatever they tell us is what we'll have to
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September 29, 2009
do. We just hope they will do something that makes sense.
So that's why we're pursuing this, and we're going to do it as
cheaply as possible, right?
MR. KLATZKOW: Yes, sir.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: We certainly don't pay $640 an hour for
an attorney.
COMMISSIONER COYLE: That's right, that's right.
CHAIRMAN FIALA: Okay. All those in favor of the motion?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: 4-1.
Now we move on to 10D. What is that noise? Somebody keeps
clacking things? That's Janet.
COMMISSIONER COYLE: Janet's false teeth, I think, right.
CHAIRMAN FIALA: Well, if it's Janet, then it's okay.
COMMISSIONER COLETTA: She's applauding.
MR. OCHS: Madam Chair, you have your one o'clock
advertised public hearings. 8A would be next on your agenda,
although you do have a 1 :30 time certain set aside for your public
petitions that you didn't get to this morning. I don't know --
CHAIRMAN FIALA: We have two one o'clocks -- we have the
one o'clock, 12D, right? Or is that -- did we just do 12D, or is that --
MR. OCHS: We just did 12D, ma'am.
CHAIRMAN FIALA: Oh, okay, good. All right. Then we have
-- yeah, did you --
COMMISSIONER COLETTA: Yeah. Just so everybody knows
how the schedule's coming together, the first item of public petition,
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September 29, 2009
Mark Teaters, he had to leave to go to work and he asked if it would
be continued to the next meeting.
CHAIRMAN FIALA: Oh, okay. I'm sorry about that.
COMMISSIONER COLETTA: No, that's okay. Those things
happened. He understood. But rather than -- so the other petitioners
understand that they're going to be coming up a little sooner.
CHAIRMAN FIALA: Okay. Very good.
Okay. So we go back onto the one o'clock time certain?
MR.OCHS: That would be 8A, ma'am.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Which one?
CHAIRMAN FIALA: 8A. And we've already taken 7 A off of
the schedule, off of the agenda.
MR.OCHS: That's been continued to your--
CHAIRMAN FIALA: Right.
MR.OCHS: -- October 13th meeting.
CHAIRMAN FIALA: Okay, very good. And look who we have
here.
Item #8A
ORDINANCE 2009-48: PUDZ-2007-AR-11100, HIGHLAND
PROPERTIES OF LEE AND COLLIER, LTD., REPRESENTED
BY D. WAYNE ARNOLD, AICP OF Q. GRADY MINOR AND
ASSOCIATES, P.A., AND RICHARD YOVANOVICH OF
GOODLETTE, YOV ANOVICH AND KOESTER, P.A., IS
REQUESTING A REZONE FROM RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY TO THE MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT
TO BE KNOWN AS THE TAORMINA RESERVE MPUD, TO
ALLOW CONSTRUCTION OF A MAXIMUM 528 RESIDENTIAL
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September 29, 2009
DWELLING UNITS AND UP TO 262,000 SQUARE FEET OF
COMMERCIAL USES ON APPROXIMATELY 82.51 ACRES.
SUBJECT PROPERTY IS LOCATED IN THE SOUTHEASTERN
QUADRANTOFTHESANTABARBARABOULEVARD
EXTENSION AND DAVIS BOULEVARD (SR 84)
INTERSECTION, IN SECTION 9, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
W/STIPULATIONS
MR.OCHS: 8A, ma'am. This item requires all participants be
sworn in and ex parte disclosure be provided by commission
members. PUDZ-2007-AR-11100, Highland Properties of Lee and
Collier County, Limited, represented by D. Wayne Arnold AICP ofQ.
Grady Minor and Associates, P A, and Richard Y ovanovich of
Goodlette, Y ovanovich, and Koester, P A, is requesting a rezone in the
rural agricultural zoning district with a special treatment overlay to the
mixed-use planned unit development zoning district for a project to be
known as the Taormina -- excuse me -- Taormina Preserve and PUD
to allow construction of a maximum of 528 residential dwelling units
and up to 262,000 square feet of commercial uses on approximately
82.51 acres.
The subject property is located in the southeastern quadrant of
the Santa Barbara Boulevard Extension and Davis Boulevard, SR84
intersection, in Section 9, Township 50 south, Range 26 east, Collier
County, Florida.
CHAIRMAN FIALA: And Rich, would you tell us how to
pronounce that?
MR. YOV ANOVICH: It's actually --
COMMISSIONER COYLE: Yovanovich.
MR. YOV ANOVICH: It's Coleman, Y ovanovich, and --
MR. OCHS: I'm sorry. I apologize.
MR. YOV ANOVICH: -- that one I can do -- and Koester. Just
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September 29, 2009
get the Y ovanovich part right.
CHAIRMAN FIALA: And your name is, sir?
MR. YOV ANOVICH: My name is Rich Y ovanovich.
COMMISSIONER HALAS: Can you swear the witnesses?
(The speakers were duly sworn and indicated in the affirmative.)
COMMISSIONER HENNING: Madam Chair?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: There's members of the public
here on this petition, and I think they need to realize if they want to
speak, they must rise, raise their right hand to be sworn in by the court
reporter.
CHAIRMAN FIALA: Oh, yes. Okay. I didn't realize we had
members of the public on this. Would anybody who wants to speak on
this item who has not been sworn in before, please stand. That's you.
MR. ROGAN: That's me. I guess that's me.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: Thank you very much. And
Commissioners? We'll start with you, Commissioner Henning.
COMMISSIONER HENNING: Yes, thank you. I've received
several correspondences on this item from the neighbors. Those were
written correspondence, telephone calls, and written material, and it's
in my folder if anyone would like to view it.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I had -- I had a
meeting with the petitioner and his agents and also received emails,
and everything's in my folder if anyone cares to view it.
CHAIRMAN FIALA: And I, too, have met with the petitioner
and his agents, and also I've read all of the email that we've received,
and I've read all of the packet here with all of it. There were 21 letters
in the -- in our packet that we received in objection to.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I received correspondence
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September 29, 2009
from the people in the general vicinity and also emails in regards to
this issue, and I've talked with staff in regards to some of the issues
that were brought up by the Planning Commission and also by some
of the residents that had indicated some concerns they had. And I
guess we're ready to move forward.
CHAIRMAN FIALA: And Commissioner Coyle?
COMMISSIONER COYLE: I have also met with agents for the
petitioner, specifically Mr. Wayne Arnold and Richard Y ovanovich. I
have received correspondence and emails, and they are in my public
file for review if anyone wishes to see them.
CHAIRMAN FIALA: Thank you. And we will move on.
MR. YOV ANOVICH: Thank you.
Good afternoon. For the record, Rich Y ovanovich on behalf of
the petitioner. With me to answer any questions you may have are
Wayne Arnold with Q. Grady Minor and Associates, professional
planning and engineering firm for the project, and Reed Jarvi with
Omega, right?
MR. JARVI: Right.
MR. YOV ANOVICH: With Omega who did the transportation
analysis. I'll try to do a quick overview to try to keep everybody on
schedule.
But I've put on the visualizer a location map of the project. This
is a request to rezone approximately 82-and-a-half acres to a
mixed-use PUD, approximately 17 acres, which is the area identified
as MU on the master plan, is within the activity center, and the
remaining 65 acres is within the urban area.
If you'll look, our neighbors to the north, which doesn't really
show up on this aerial, is a -- the shops at Santa Barbara, which is a
commercial project.
Our neighbors to the east on Davis Boulevard is the Boys and
Girls Club and their preserve area. And as you continue further east,
you have your -- the county's domestic, the animal -- animal services.
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September 29,2009
And then further to the east you have the Cook PUD, which is being
developed by Toll Brothers, and that's Firano, I've been told it's called.
To our south is some vacant -- is some agricultural zoned
properties with some homes, and then again to our east across from
Santa Barbara is the -- what shows up today as just trees, is actually
the Freestate PUD, which is being developed as a CVS and it's been
basically cleared, and then also the Falling Waters project. I believe
that's to the west.
I've got the master plan up there for you. We have the mixed-use
portion of the project which would allow for both commercial
development, up to 262,000 square feet of commercial development,
and would also allow for residential up to 128 units on that particular
parcel. It's within the activity center under the activity center
provisions within the Comprehensive Plan. You're required to keep
the residential that you're calculating under the activity center within
the activity center.
You can get up to 16 units per acre. We're not asking for
anywhere near the 16 units per acre on that particular piece of
property .
On the R1 and R2 parcels, those would be developed as the
potential full range of residential from single-family to multifamily as
well as a senior housing alternative on that particular piece of
property .
Those properties are within a residential density band under the
Comprehensive Plan, so you can ask for up to seven units per acre on
that acreage. That acreage turns out to be a density, I believe, of 6.1
units per acre on the portion of the property in the urban area.
We're asking for up to 400 residential units on the R1 and the R2
parcel under the -- under the request.
If we were to ask for the maximum under the Comprehensive
Plan, we could ask for up to 727 units within the project. We're
asking for 528 units.
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September 29,2009
We had two hearings in front of the Planning Commission. We
started going through the documents and asked for a continuance to
address staff comments in their staff report, and then we came back at
a second hearing where we had addressed all the staff comments.
Residents from Heritage -- Naples Heritage to our east -- thank
you -- to the east -- and you can see them on the visualizer -- had
written letters before the Planning Commission meeting -- I believe
you have a lot of those letters in your packet. They also appeared at
the Planning Commission. And just to summarize our understanding
of those letters, they were concerned about three-story buildings being
next door to them as well as the buffer.
So what we did is, between the first and second hearing in front
of the Planning Commission, we agreed to, in the shaded area that's on
the visualizer, to cap ourselves at two stories not to exceed 35 feet in
height, and that is both zoned and actual height in that portion of the
project.
CHAIRMAN FIALA: Could you show us that on the map,
please, Rich --
MR. YOV ANOVICH: Sure.
CHAIRMAN FIALA: -- the shaded area.
MR. YOV ANOVICH: The shaded area is basically from here,
along their entire border, as well as the entire border of the Cook
PUD, which is also a residential PUD. So from here to here, we've
capped ourselves at two stories, not to exceed 35 feet, and that's an
actual height number of 35 feet, not a zoned height feet number.
They're the same in this particular circumstance.
And we agreed to an enhanced buffer term -- which the actual
types of trees and height of trees is in the PUD document. That
seemed to take care of a lot of the concerns of the people in Naples
Heritage.
I did receive an emaillate Friday that I responded to on Monday.
There is a chain-link fence that's 10 feet in height that runs along our
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east boundary. Nobody's sure who owns that 10-foot chain-link fence.
We've assured -- if it's on our property, we've told the individuals at
Naples Heritage that we would do all we can to try to keep that
10- foot fence. And if it's not on our property and it's on their property,
we would -- they had requested that instead of a 4- foot tall chain link
fence in our buffer, that we go to a 6-foot tall chain link fence in that
buffer, and we're amenable to doing that and drafted revisions to the
PUD document to change that 4- foot chain link to a 6- foot chain link
fence.
I think we have addressed the concerns of our neighbors. I know
there were people who were going to be speaking at the Planning
Commission second hearing from the Cook PUD. Had we not agreed
to do the same enhanced buffer along their property line, I believe
they were prepared to speak. They did not speak, so I'm assuming we
took care of that concern for the Cook PUD property.
Site access for the property is essentially limited to Santa Barbara
Boulevard extension. The only way we get access on David is if we
work it out with the Boys and Girls Club to our east to share an access
point. So access will basically be from Santa Barbara.
We have also agreed to assist in constructing the interconnection
to Sunset Boulevard that would ultimately get connection down to
Cope Lane, which will be a lighted intersection on Santa Barbara. So
people who are living on our side of the street would not have to go
out onto Santa Barbara to get access to the commercial portion of the
project.
CHAIRMAN FIALA: Can you point out where that street is, or
where that interconnection is, please.
MR. YOV ANOVICH: Sure, I will. Yes. Wayne, does this go--
I don't think it goes all the way down, but this is Sunset in through
here.
CHAIRMAN FIALA: Oh, okay.
MR. YOV ANOVICH: And it continues on off this sheet of
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paper ultimately to Cope Lane that does -- in fact, connects with Santa
Barbara.
CHAIRMAN FIALA: Thank you.
MR. YOV ANOVICH: And we would pay our fair share of the
signalization for that.
In meeting with the commissioners, there were a couple of
concerns that were raised in our independent -- in our individual
meetings. One of them was wanting to make clear -- although we
don't have it as a permitted use, to make sure it's a prohibited use, soup
kitchens and homeless shelters, and we're -- I have a draft of a page
that we'd like to make a change to the PUD.
And what we would do is add a prohibited use section within our
-- our list of allowed uses. We would add the prohibited use that you
see on the board.
There was also, I think, concern about the types of units that we
would construct within the project. The concern would be we would
build small crammed-in units that might not be in keeping with the
market that Collier County is used to.
So what we're proposing to do in the -- in the Table I of your
PUD document is to essentially, for the single-family homes, we
currently have a lot width of 42 feet. We would increase that lot width
with the 50 feet, which is the lot width you would find up in the
Naples Park area. So we would increase the lot widths if we did
single- family homes. It would be a little bit wider lots than we
originally asked for.
And we also are willing to increase the minimum square footage
requirement for units. Currently, single-family, the minimum square
footage is 1,000 square feet. We would increase that to 1,250 square
feet.
Townhome is 1,000. We would increase that to 1,250 square
feet. A duplex is 1,000. We would increase that to 1,250 square feet.
And the biggest bump you'll see is in the multifamily. In the
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multifamily we had a minimum unit size of750. We would increase
that to a minimum unit size of 1,250 square feet.
So with those two revisions, we're hoping to allay any fears that
we would be trying to build, you know, smaller condominium units to
cram in in units on this particular piece of property.
We have a staff recommendation of approval and a Planning
Commission recommendation of approval, and we are requesting that
the Board of County Commissioners approve the PUD with the
revisions that I've presented today.
I hope I got it all in quick enough to keep us on schedule. And
Wayne's here to answer any questions, Reed can answer any questions
and, of course, we'll respond to any comments from the public.
Oh, I wanted to put the language up there for our neighbors
regarding the 6- foot fence, to show them we have also made that
change to 6 feet and we've clarified that. Should we be able to keep
the 10-foot chain link fence, we would try to do so if it's on our
property .
CHAIRMAN FIALA: Sue, do we have any speakers on this
subject?
MS. FILSON: Yes, ma'am. I have one speaker. Richard Rogan.
MR. ROGAN: Member of the public. My name is Richard
Rogan. I'm the president of the Cypress Point Homeowners
Association, which is the neighborhood within Naples Heritage that
borders along the lake front. In fact, if you were to put that up for just
a moment, so -- if I can point this out. That would be this group of
homes here. And, Of course, this is the interface.
I'm here just to -- to read some things into the record to be sure to
be clear on what it is that we have agreed to. Rich has represented it
pretty well, but if you'll indulge me, I'll read a couple of paragraphs.
For the record, we'd like to acknowledge the cooperation of the
developer, Highland Properties, in agreeing to reduce the height of
planned buildings along the common property line to two stories with
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September 29, 2009
a maximum actual height of 35 feet. In addition, we acknowledge their
agreement to construct a so-called enhanced buffer as specifically
defined in the PUD document.
The installation of the buffer is to run concurrent with clearing
and filling of the site in the area adjacent to the common property.
There was some reference earlier to the Toll Brothers property,
and one of our anxieties is that while we have an agreement with Toll
Brothers to put in a buffer, it was never defined nor was the time
frame set. The assumption being that by now it would be developed
and, of course, it's not and won't be for some time to come.
So we've been left with a wide open kind of view from where we
are into the Toll Brothers property. And so we thought we would try
to avoid that mistake in this case.
We have a minor issue with respect to the ownership of a fence
that runs down the property line. And in a recent conversation with
Mr. Y ovanovich, we've agreed to an approach resolving the issue
which he's just referenced here.
It is difficult to know this far in advance whether or not the final
outcome will be what each of us envisions. Nonetheless, with the
upcoming completion of the Santa Barbara extension, we feel
confident that some minimum standards have been established for use
as other developments take place along our western boundary, as it
surely will over time.
Finally, I'd like to acknowledge the role played by John David
Moss. His assistance was really invaluable. Thank you.
CHAIRMAN FIALA: Okay. Did you want to say anything,
John David?
MR. MOSS: I just wanted to put on the record that staff has
found the project to be consistent with both the GMP and with the
Land Development Code subject to the stipulations contained in the
PUD document.
CHAIRMAN FIALA: Thank you.
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September 29, 2009
Nothing else from staff?
MR.OCHS: No, ma'am.
CHAIRMAN FIALA: Okay. Then we have Commissioner
Henning.
COMMISSIONER HENNING: I believe Commissioner Halas
was prior to me.
CHAIRMAN FIALA: Oh, I'm sorry.
Commissioner Halas, I'm sorry.
COMMISSIONER HALAS: Yes. I just want to make it clear
that some of the letters that were in here were in regards to height
problems, and that's all been taken care of now?
MR. YOV ANOVICH: Yes, sir. We've reduced the height to
two stories not to exceed 35 feet.
COMMISSIONER HALAS: And that's through the whole
project?
MR. YOV ANOVICH: It's through the shaded area closest to our
residential neighbors.
COMMISSIONER HALAS: And then what do you have after
that?
MR. YOV ANOVICH: We can go up to a zoned height of 45 feet
in the R1 tract, and I think an actual height of 55 feet in the
non-shaded area of the R1 tract. That's basically nearest our preserve
and nearest the preserve for the Boys and Girls Club, and the R2 --
bear with me. I need to -- I need to look at the table real quickly. On
the R2, the -- which is the tract closest to Santa Barbara, our
maximum height is 50 feet zoned and 60 feet actual.
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: On the R2.
COMMISSIONER HALAS: Do you have any buildings that are
going to be 70 feet?
MR. YOV ANOVICH: No. Sixty feet is our maximum actual
height. At the risk of using an architectural term of tippy top, that's
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the -- I'm not supposed to use that term. I've promised not to, but I
don't know another way to describe it.
COMMISSIONER HALAS: Okay. The other concern that was
brought up by a couple of members of the Planning Commission, and
that was the length of the cul-de-sac. And if transportation could give
us some renderings on that in regards to, is there going to be some
way that -- to alleviate the concerns that a couple of members of the
Planning Commission had in regards to traffic?
MR. YOV ANOVICH: Well, what -- and Nick wasn't at the
meeting, but he can verify. But what we agreed to do is halfway along
the cul-de-sac was to build a turnaround --
COMMISSIONER HALAS: Yeah.
MR. YOV ANOVICH: -- for emergency vehicles so that
effectively the cul-de-sac is being cut in half so they don't have to go
all the way to the end to go ahead and make their turnaround. So that
was -- that addressed Commissioner Schiffer's concern regarding the
length of the cul-de-sac, and that's in the document.
COMMISSIONER HALAS: Okay. And as far as meeting the
requirements of traffic, we've already increased the capacity of Santa
Barbara, and I believe there's some more improvements that are going
to be made, is that correct, in that general area, Davis?
MR. CASALANGUIDA: Good afternoon, Commissioners. For
the record, Nick Casalanguida with transportation.
Both sections of Davis from Santa Barbara to Radio and Radio to
Collier are in the five-year work program. One is from DOT, one is
from county. And obviously, as you know, Santa Barbara extension is
under construction right now.
COMMISSIONER HALAS: The last question I have for Rich.
Rich, in regards to the letters that were -- that were in our backup
material, where do the residents stand with this now? Did you address
their concerns in regards to the height requirements?
MR. YOV ANOVICH: I believe we have, and they -- I think
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they said that on the record at the Planning Commission, was once we
agreed to go to the two stories, 35 feet in the shaded area, together
with the enhanced buffer as well as the commitment to build the buffer
as we're doing our clearing and not later, we had addressed the
concerns of the -- of the residents. But that's my perspective. You
probably ought to check with Dick to make sure, but I think he said
we're okay.
MR. ROGAN: Yep.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Is it still a stipulation that you're
supposed to improve private property off of Sunset Boulevard with a
wall or a fence?
MR. YOV ANOVICH: No, sir.
COMMISSIONER HENNING: And that's in our -- that's in our
backup as far as recommendations, so I don't know what stays and
what goes. And actually it's on, Commissioners, Page 61 of our
agenda packet. Under--
MR. YOV ANOVICH: That was -- that was actually in the
Planning Commission staff report, and then we went through the
Planning Commission hearing process, and the requirement to build a
fence on our neighbor's property was deleted and is no longer, I
believe, a -- it was clearly not a Planning Commission requirement,
and I don't believe it's a staff requirement either. It doesn't show up in
the PUD as a requirement.
COMMISSIONER HENNING: Okay. What -- I don't know
what the PUD's going to look like since I'm not going to be the one
that signs it.
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: So, I mean, we know that PUD
changes after we adopt them, so I just want to get a clear record what's
going to be taking place.
Page 1 07
September 29, 2009
MR. YOV ANOVICH: The version you have, according to the
JD, is 9/8/09, and it does not include any requirement for us to build a
wall on that individual person's property.
COMMISSIONER HENNING: Right. It's under
recommendations.
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: The -- now, I'm not sure -- Cope
Lane runs east and west. Sunset runs north and south.
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: I mean, Cope Lane is going to
be eaten up in that section by Santa Barbara extension, so I'm not sure
of your comment to -- it's a Sunset -- Sunset is a private road, okay.
And what you said is, you're going to encourage the residents and user
of the commercials to go on a private road. When Shady Lane is a
public road going to Polly -- Polly Avenue.
MR. YOV ANOVICH: Yeah, and here's -- I was -- I was wrong.
This is Cope Lane right here.
COMMISSIONER HENNING: Yes.
MR. YOV ANOVICH: It runs east/west, as -- you're correct, and
this is Sunset. One of the requirements for the -- for us to build all of
what we committed to building was for the county to go out and get
the public rights for Sunset Boulevard. And so there will be Cope
Lane basically from here. If you extend Santa Barbara down, you'd
have that portion of Cope Lane meeting up with Sunset that does
interconnect with our project. Shady -- Shade Lane --
COMMISSIONER HENNING: Right.
MR. YOV ANOVICH: -- is this property right here. And we
discussed this at the Planning Commission. You'll see this nice green
area. That's the preserve area that's being required of us by the Corps
and the Water Management District. We at one time had a road that
came along the outside of this -- of this master plan that would have
connected. We could have easily connected to Shady Lane, but
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through the Corps and Water Management District review process,
they said, this is the best of the best, so that's what we have to put in
preserve. And if you'll see, that preserve area is actually bigger than
the minimum required under the county code.
So we talk about, at the Planning Commission -- they brought up
the very same issue, how about Shady Lane being the connection
point, and we just -- we just don't have the ability to do that through
the permitting process.
COMMISSIONER HENNING: Are you -- are you using that
Shady Lane for a -- one of your major egresses onto Santa Barbara?
MR. YOV ANOVICH: No, we're not -- we're not using Shady
Lane for anything. And in fact, we weren't even using Sunset for any
portion of our project -- property. It was actually the county
transportation staff who insisted that we connect Sunset to our project
to give people on Sunset the ability to get to our project without going
onto Santa Barbara. So we're not relying on Sunset or Shade Lane for
egress of our project.
COMMISSIONER HENNING: Okay. The -- and I guess --
there's one more thing. Two commissioners voted against it because
of Davis Boulevard, and I guess I need transportation's assistance on
that.
And you said that's going to -- that's in the state's five-year work
plan. The section abutting this development, is that in the five-year
work plan --
MR. CASALANGUIDA: Yes.
COMMISSIONER HENNING: -- the state's five-year work
plan?
MR. CASALANGUIDA: Yes, sir, in 2011.
COMMISSIONER HENNING: Okay. Is that section of Davis
Boulevard in our work plan?
MR. CASALANGUIDA: The next section from Radio Road to
Collier Boulevard is in our work program, sir, for this fiscal year
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coming up, FY 10.
COMMISSIONER HENNING: Is this section of Santa Barbara
in the county commissioners' five-year work plan?
MR. CASALANGUIDA: No, sir. The one you see above there
is in the state's work program.
COMMISSIONER HENNING: Okay. So how can we -- I think
we all know our Growth Management Plan has got to be in our
five-year capital improvement plan to move forward.
MR. CASALANGUIDA: Or the state's capital improvement
program.
COMMISSIONER HENNING: Well, I mean, can we -- let me
ask Commissioner Coy Ie. Can we depend on the state to build that in
the next five years?
COMMISSIONER COYLE: I'm sorry?
COMMISSIONER HENNING: Can we depend on the state to
build that road in the next five years?
COMMISSIONER COYLE: I don't think we could.
MR. CASALANGUIDA: Well, I could add a little bit more --
COMMISSIONER HENNING: What are we doing?
MR. CASALANGUIDA: I could add a little more to that for the
commissioner's background. Santa Barbara to the north is fully
constructed to the Parkway interchange. Santa Barbara that's currently
under construction right now is fully funded and under construction to
Rattlesnake, which we've just completed.
COMMISSIONER HENNING: Yeah. I'm talking about Davis.
MR. CASALANGUIDA: Understood. Davis right now is
considered a two-lane undivided even though it's a blend between a
four-lane and a two-lane, and we've shown a very conservative
capacity on that section.
The intersection that's being improved is a part of both the county
project and the recent northern project and the southern project. So
the capacity that's in your AUIR right now shows two-lane undivided
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September 29, 2009
or divided, which is very restrictive, even though when we recalculate
it after it's done, you're going to have more capacity.
COMMISSIONER HENNING: Well, maybe I should have
started out with, are we going to have a deficit on Davis Boulevard if
this project moves forward?
MR. CASALANGUIDA: You currently have a deficit in your
trip bank, sir. So it's not an on-the-ground deficit. But you count
concurrency with both background traffic and vested trips as well, too.
COMMISSIONER HENNING: Okay. So I think that we need
to do something about our CIE in the next five years if -- to make a
motion to approve this.
MR. CASALANGUIDA: Sir, they're also in a TCMA for the
county, so the two things would happen. If the state was to pull out
and the -- and there was adequate capacity in the adjacent roadway
segments, they would qualify to use that up in the north/south and
east/west direction. So they meet policy 5.1 even without Davis, if the
state was to pull it out, sir.
COMMISSIONER HENNING: Okay, all right. I guess you got
me there. I mean got me -- I guess you got me to a comfort level that I
feel comfortable we're doing the right thing.
CHAIRMAN FIALA: Okay. And I can see yours on, but I have
a question also. I could let you go first.
COMMISSIONER COYLE: Ladies first.
CHAIRMAN FIALA: Okay. Just wanted to know about the
buffer, and we talked about this before. But I want to make sure that
the buffer is in place and protecting the residents in the adjacent
community before all of this building and everything goes on and that
it's a nice, thick buffer, not scrawny.
MR. YOV ANOVICH: It's not scrawny. We've shown them the
pictures, and we've directed them to go look at the buffer that was
built by -- between Freestate and Falling Waters, which is actually in
their neighborhood, and that's an enhanced buffer as well. So you can
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see we didn't build -- we didn't put in more scrawny trees. We put in
more and bigger trees.
And we did commit that as we're clearing in that area, we would
put our buffers in before we started going vertical.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Coyle?
COMMISSIONER COYLE: You changed the lot sizes and you
changed the square footage of the structures you're going to put on this
property. What did that do with respect to the numbers of units?
MR. YOV ANOVICH: Well, it -- it didn't change the numbers of
the units, but it -- from a practical standpoint it will. I was just hoping
not to have to change the number of units. The reality is --
COMMISSIONER COYLE: But see, I know that trick.
MR. YOV ANOVICH: The reality is, the number's probably at
the 350.
COMMISSIONER COYLE: How many?
MR. YOV ANOVICH: Three hundred fifty.
COMMISSIONER COYLE: Now, you see the -- the
development that -- the portion of the development that is shown to
the east there, right?
MR. YOVANOVICH: Yes, sir.
COMMISSIONER COYLE: There are 96 units there.
MR. YOV ANOVICH: Okay.
COMMISSIONER COYLE: You're going to put four times that
many units on that one street where R1 and R2 are designated.
MR. YOV ANOVICH: We're putting -- let me just make sure I --
we're talking about what the one street is.
COMMISSIONER COYLE: Yep.
MR. YOV ANOVICH: This whole area right here plus the R2 --
COMMISSIONER COYLE: That's right.
MR. YOV ANOVICH: -- is where we would put the units, yes,
.
SIr.
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September 29, 2009
COMMISSIONER COYLE: Yeah. And if you look at those
units on the right side, on the east side of this development, you're
going to take that number of units, multiply it by four, and you're
going to cram them in onto that one street that abuts R1 and R2?
MR. YOV ANOVICH: Well, you know, we're going to put those
units on our 65 acres of residential development.
COMMISSIONER COYLE: No. You're going to put them on
that one street.
MR. YOV ANOVICH: You know, I don't know that that's one
street because you have the R2 parcel, which is a stand-alone parcel
from the R1 parcel, which is a double-sided street. The product could
be different -- it will not -- it could turn out to be not a single-family
development, which is what we're adjacent to.
But if you look across the street at Falling Waters, that is a
project that I think is -- it has not --
COMMISSIONER COYLE: That's to the west.
MR. YOV ANOVICH: To the west, thank you -- which I think
most people find to be a very nice development that is -- if it's not 100
percent multifamily, it's pretty close to 100 percent multifamily. And
so -- and frankly developed by the same people who own this
property .
So from a -- I think it's -- Falling Waters is a very nice example
of a multifamily project that -- and look. I mean, you can see it. It's
adja- -- it's basically right there on the visualizer for you to see. It can
be done nicely. And it shows you that multifamily is -- could be an
appropriate development.
COMMISSIONER COYLE: And what's being developed to the
north?
MR. YOV ANOVICH: To the north of?
COMMISSIONER COYLE: Of your development.
MR. YOV ANOVICH: The cleared area?
COMMISSIONER COYLE: Yeah.
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September 29, 2009
MR. YOV ANOVICH: That is -- that's a -- basically a
single-family development, and that's why we brought the heights
down to 35 feet and the additional buffer, and those residents didn't
have a concern or didn't raise an issue regarding the possibility of
having multifamily adjacent to them.
COMMISSIONER COYLE: Okay. Now just so that we don't
really disagree with each other --
MR. YOV ANOVICH: Right.
COMMISSIONER COYLE: -- about it being a single street.
You start at the traffic circle and you go out to the street. That is the
only road that will grant access to the exit for R1 and R2.
MR. YOV ANOVICH: Okay.
COMMISSIONER COYLE: Right?
MR. YOV ANOVICH: I hear what you're saying.
COMMISSIONER COYLE: Okay. It's one --
MR. YOV ANOVICH: I thought you were talking about one side
of the -- one side of the orange, not the --
COMMISSIONER COYLE: No, you can build on both sides of
the street. It's okay. It's just that that's a lot of structures in a very,
very small area, but okay.
CHAIRMAN FIALA: Okay. Any further comments or a motion
one way or another? Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, if you've closed
the public portion --
CHAIRMAN FIALA: No, I'm not going to close it. We're going
to keep it open all afternoon.
COMMISSIONER COLETTA: Good. Good for you.
CHAIRMAN FIALA: With that, I will close the public hearing.
COMMISSIONER HENNING: I'll make a motion to approve,
and we need those added stipulations put on there, which would
include Planning Commission's recommendations and --
MR. YOV ANOVICH: The one -- yeah. You have -- the
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document in your backup is the Planning Commission's stipulations
that were approved by the majority of the Planning Commission.
CHAIRMAN FIALA: Plus those mentioned?
MR. YOV ANOVICH: Plus the ones I introduced with those
pages that I'll give to staff and the County Attorney's Office.
COMMISSIONER COLETTA: I'll second.
COMMISSIONER HENNING: The added buffer to the west --
MR. YOV ANOVICH: It's already in there.
COMMISSIONER HENNING: -- to the east.
MR. YOV ANOVICH: Yeah. I confused you on the directions.
Both to the east and the north is already in the document.
COMMISSIONER HENNING: The -- also that the -- if you do
single-family lots, they're going to be at, what'd you say, 125 feet?
MR. YOV ANOVICH: I said 50.
COMMISSIONER HENNING: You said --
MR. YOV ANOVICH: They were 42 feet and we increased --
COMMISSIONER HENNING: That's part of your example.
MR. YOV ANOVICH: Oh, the square footage? I said the square
footage would be 1,250 square feet, and then the width of the lot
would go from 42 to 50 feet for single-family development.
COMMISSIONER HENNING: That's in writing?
MR. YOV ANOVICH: Yes, sir. I showed that to you right here
on the table.
COMMISSIONER HENNING: Okay. And then Mr. Moss --
CHAIRMAN FIALA: Are you still making your motion?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: The added buffer is in the --
MR. MOSS: Yes, sir.
COMMISSIONER HENNING: -- PUD document?
MR. MOSS: Yes.
COMMISSIONER HENNING: That was settled at the Planning
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Commission?
MR. MOSS: Yes.
COMMISSIONER HENNING: Okay. And, you know, I could
do two things on this PUD. If the added things are not in the final
signed ordinance and recorded in the -- with the property -- or the tax
-- I'm sorry -- the Clerk of the Court, I can reconsider it, or I can see
the document before it's signed. Since this is in my district, I don't
want another Stevie Tomato. That's your choice.
CHAIRMAN FIALA: We certainly understand that. It's your
choice.
COMMISSIONER HENNING: No. That -- I'm just saying,
before you sign it, either let me see it, or if there's any mistakes, I'll
just reconsider it.
CHAIRMAN FIALA: Well, I'm fine with that.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: You can see the signature first. You
know, I'm fine with that. It's your district and you should be taking
care of it. That's good. And you made the second?
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Could I ask that you include the
reduction in density with your motion, if you'd at least consider that?
Because he's increased the building -- I mean the lots, and he's
increased the square footage. That's got to result in some density
reduction.
COMMISSIONER HENNING: And that's ifit goes
single- family.
COMMISSIONER COYLE: Well, are we going to bait and
switch here?
MR. YOV ANOVICH: No, no, no, no. Ifwe did multifamily
because we've increased the size of the multifamily, there would be a
reduction that we could fit on there.
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September 29, 2009
COMMISSIONER HENNING: Oh, okay. Yeah, I'm all in favor
of that.
COMMISSIONER COYLE: Three hundred fifty on R1 and R2.
MR. YOVANOVICH: Yes, sir.
COMMISSIONER HENNING: With a maximum of350 units--
MR. YOV ANOVICH: On the R1, R2.
COMMISSIONER HENNING: Residential units.
COMMISSIONER COYLE: R1 and R2, yeah.
MR. YOV ANOVICH: Right.
COMMISSIONER HENNING: Okay. So Planning Commission
stips., added changes, Commissioner Coyle's suggestion of capping
the density at 350 units.
CHAIRMAN FIALA: And our court stenographer has all of
that, right?
Okay. The motion on the floor and seconded.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: 5-0, thank you.
MR. YOV ANOVICH: Thank you.
Item #6B
PUBLIC PETITION REQUEST BY JOEY SMITH TO DISCUSS
WATER USAGE AT 1815 DOWNING COURT-DISCUSSED
Page 11 7
September 29, 2009
MR. OCHS: Madam Chair, that takes us to your 1 :30 time
certain, which is item 6, public petitions. 6A, as Commissioner
Coletta noted earlier, has been continued to the October 13th Meeting.
That takes us to 6B, which is a public petition request by Joey
Smith to discuss water usage at 815 Downing Court.
MR. SMITH: Good afternoon. Madam Chair, Commissioners.
Should I -- should we wait till --
CHAIRMAN FIALA: He'll be right back. He can hear you.
MR. SMITH: All right. Try to give you just a real quick
background. This -- in my opinion, this should never have come to
you. My name is Joey Smith. I live in 1100 8th Avenue South. I
work at Downing-Frye Realty in Old Naples at 539 5th A venue, is my
plug.
I come here representing 15 Downing Court, which is in the
Crown Pointe area. And what happened is I had customers -- by the
way, I do have a POA, Power of Attorney, on this, and it is recorded.
It is -- the county has a copy of it.
You don't have all the supplemental background information I'm
going to tell you about really quick, as quick as I can. I apologize.
I'm nervous here.
So, all right. What happened is, they purchased the property, and
we put in some new sod, and so we decided to do a little watering.
And about three days -- this is mid July. And I got a call from the
neighbor that told me that water was running out of the center island,
and that I needed to come and take a look at it because he knew at one
point that the developer had owned all those properties and prior to
dedicating it to Crown Pointe and dedicating it to the county, that he
had conducted the water lines from those two houses to the center
median island.
And so I went over. We immediately called a gentleman to come
over and fix it. We used Green Thumb Nursery because it was around
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September 29, 2009
the corner. He did a good job, came in within an hour, fixed it. We
were able to turn the water back on and get everything going.
All right. So that's a little bit of a background. Then a month
later -- I presume there was a few thousand gallons there. I thought
we'd cover it. Our water use went from 20,000 gallons to 107,000
gallons that fed out of that center island.
And so obviously that was a -- not -- you know, not a problem
we created. And I understand how counties and cities have to operate
in utilities. Very, very much so I understand that. So the difficulty
most of the time is that it's hard to differentiate between the person
who has the faulty pool and doesn't choose to do anything about it
versus the lady who is in the hospital for three weeks and the water is
-- has a water leak under the house unbeknownst to her. In this case,
the actual water was diverted off the property.
And Crown Pointe Homeowners Association, apparently at some
point, knew about it. I know the county at some point knew about it
because of the neighbor's conversation in explaining that to me.
On top of the water use, there's also an extra charge for --
because there's a disincentive to use water. For obvious reasons in
Florida, we want to conserve water. I'm very familiar with that.
Also -- and in fact, I worked quite a bit last year with the South
Florida Water Management District and going from community to
community to community developments and talking about water
conservation. It may not seem important this year as much because
we've had a lot of water, but it was very, very important last year.
So when -- when I notified Collier County in mid -- I guess it
was the -- mid September or early September, excuse me, they
contacted and had a -- Joe Thomas meet me on site, and Joe Thomas
came and said, I have all the -- he said, basically the island's not ours,
and they identify the island isn't theirs. And so we have no control
over it. They went through your meter. That's generally the end of the
line as far as they're concerned.
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September 29, 2009
And I said, well, that shouldn't be the case. It was diverted off our
property without -- without us knowing about it. And I received
information -- or I received further conversation from the water utility.
Well, initially, my initial call, when I contacted them they said, if you
have an illegal cross-connection, call the Sheriffs Department. And I
said, well, I don't know. It might be -- the county might be
co-conspirators here because I think that island belongs to the county.
So that's when they had Joe Thomas come meet me.
And Joe Thomas says, I have all the information I need. I'm not
-- I don't have the authority to be able to make those calls. So let me
take the information and turn it in -- turn it over.
And all I received following that was basically a letter saying we
empathize with your situation. We can offer you a 12-month no
payment -- no-interest payment plan.
And then I got another letter from them which basically reiterated
what I had told them. It said, in no case shall the property -- ordinance
20 -- 2001-73, in no case shall a property owner, except in the written
consent of the district, extend their installation across a city street,
alley, lane, property line, avenue and other way to provide furnished --
service to an adjacent property.
And then they basically reiterated what I already knew and what
the neighbor knew but apparently the county did know that, too. It
said, this could only be possible if the connection to the district's
potable water district system was also connected to the lines at the
adjacent property at 1821 Downing Court and the installed line was
run under the street into the cul-de-sac landscaped area, which is
owned by Crown Point, and this is not legal.
Okay. Well, everybody apparently knew all this stuffbefore
except for the -- except for us when we got this $1,000 water bill.
And by the way, we paid that, got the next bill, which was back to
20,000 gallons because we still are doing a little bit of sod.
All right. I have attachments basically from the neighbor and
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September 29, 2009
from Green Thumb that shows that they did the work. And what it
really comes down to is that there is a difference between the lady
who, for the fifth time in a row, her dog opens the water faucet in the
back yard versus somebody who, totally unbeknownst to them, ends
up with a $1,000 water bill.
I know in Collier County alone they use -- that you use -- in each
month you use 681 million gallons, and your average water loss,
which is the water you don't have any idea what happens to it, is about
6 percent. So that's about four million gallons a month. I mean, it's
expensive. I know we all have to pay for it, but you've got factors
going on here. One is, the water was diverted, and then it was used in
this other location off the property but fed through our meter, and then
they not only had the escalation in price, but the disincentive of not
wanting people to use 1,000 gallons, or 100,000 gallons of water.
All right. So I spent 10 minutes on Google and looked up county
leak adjustment policy. Apparently -- Collier County's an extremely
progressive county, but apparently they don't have one, or else it
should have been, my opinion, handled in an administrative capacity.
In ten minutes -- I mean, I could go through this whole thing with
you very quickly. Arlington County, Virginia. Arlington County will
adjusts customer's account for the water leaks for the customer,
provide proof such as receipt of the plumber, repairs made promptly
when the leak was first identified, it's 50 percent of the water charge,
100 percent of the sewer, and it's -- you can only do it one time in
every five years.
Green County, Ohio, proof of leak, repair (sic) from plumber for
parts, excess water defined as 200 percent of the usage of the
customer.
Washington -- City of Redmond, Washington. City of Redmond's
allowed customer no more than one leak adjustment per year.
Berkeley County, Virginia. Leak adjustment policy, leak
adjustments will not be given to reoccurring leaks for leak fixtures
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September 29, 2009
inside or outside of a structure, for leaks due to a substandard material,
or for leaks due to failure of improperly servicing pipes, et cetera, such
as leaky commodes, dripping faucets, malfunctioning appliances.
Lincoln County, Nebraska, request for adjustments must be
submitted within 60 to 90 days, yada, yada. All adjustments would be
a result in a reduction of monthly water service bill be approved by the
Lincoln County public works department. All these are
administrative, by the way. Almost every one of these. This is a
policy set by the county, and they basically say, we understand that
there is a difference. That if, you know, somebody's in the hospital for
three weeks, they may not know that there's a water line break
underneath their house. That one we all feel empathy for, but we've
got to find a way -- empathy more for those kind of situations than just
say, we'll put you on 12-month no-interest payment program.
Newton County, Georgia; Santa Cruz, California; Winter
Springs, Florida; Maryville, Tennessee; Athens County, Georgia;
Montgomery County, Virginia; Webster County, Kentucky; Forsyth
County, Georgia; Giles County, Virginia; Pierce County , Washington;
Bedford County, Tennessee; Brunswick County, North Carolina;
Sonoma County, California; et cetera, et cetera. This is all in ten
minutes on Google. Just try leak adjustment policy -- county leak
adjustment policy.
All I'm asking is basically, you know, we're just looking for the
same consideration that all these others in city counties (sic) are doing
is basically recognizing that it's essential to good government, that,
you know, around the country you have this issue that it be resolved in
more than just a -- you know, I have empathy for the situation.
Thank you very much.
CHAIRMAN FIALA: Thank you.
MR. SMITH: I made it with 17 seconds left to go.
CHAIRMAN FIALA: Commissioner Halas?
MR. SMITH: If I wasn't quivering so much, I would have done
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September 29, 2009
it better than that.
Thank you very much for your time. I know you can't take any
action at this point in time, but if there's any questions.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: When did you buy the property?
MR. SMITH: He bought the -- he purchased the property in
April or May.
COMMISSIONER HALAS: Okay. Obviously the person you
bought it from didn't tell you that it was cross-connected across the
street to this cul-de-sac.
MR. SMITH: That property had been vacant for four years, so I
don't blame the previous owner. He bought it in foreclosure,
bankruptcy, and he did put in some sod and all that, but we bought it
fairly quickly from him and -- so no. The answer is no, we were not--
did not know that. Had no clue of that. We just put in -- ended up
putting new sod in because we tried doing watering just a tiny bit and
it didn't work, so we ended up putting new sod in.
COMMISSIONER HALAS: I'd like to hear our side of the story.
Joe, could you kind of fill us in on some of the gaps here?
MR. BALLONE: Sure. Good afternoon, Commissioners. For
the record, Joe Ballone, Manager of the Utility Billing, Customer
Service.
Mr. Smith said it. Unfortunately the company they represent is
Translegend, LLC, a British investment firm, purchased the property
this spring. Unbeknownst to them, the developer many, many years
ago connected the island in the center.
That connection is on private property, so really it's -- once the
water goes through the meter onto private property, it's really not the
utility's responsibility to account for where that water goes.
I think the second point is there's no contention that the water did
pass through the meter and it's got to be paid for. Now, whether Mr.
Smith's property owner benefited from it or it went to the island is not
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September 29, 2009
an issue for the utility really to resolve. It's the private property
owners who may have benefited from it.
Does that answer your question, Commissioner?
COMMISSIONER HALAS: Yep. I think I had a situation
similar to that up in Autumn Woods where somebody cross-connected
it. A woman bought the property and realized what took place, and
the end result was that she was responsible for the water that was used.
MR. BALLONE: That's correct, yeah, and that was brought--
yeah, that's correct.
COMMISSIONER HALAS: Okay, thank you. And I believe we
have state laws that state that the utilities -- once that water passes
through the meter, then it becomes the responsibility of the
homeowner or the person after that water passes through the meter.
MR. BALLONE: Well, the special act of the Florida legislature
that created the district prohibits free water service, yes, sir.
COMMISSIONER HALAS: Yep, thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, okay.
Joe, I think that's probably the most important thing. If this
commission was interested in overriding something, we couldn't do it
with the local ordinance, over the state statute. So the state statutes
trump us in this particular direction?
MR. BALLONE: Well, you've also passed a local ordinance
that's our uniform building ordinance that echoes that same sentiment
and prohibits free water service. As a utility, all we do is recover our
operating costs and our maintenance costs.
So if one party doesn't pay for it, another party who uses the
water system will have to pay for it at one point.
COMMISSIONER COLETTA: Joe, is this the worst case you've
seen out there, something like this happening, or has there been cases
where major breaks took place inside of the house and --
MR. BALLONE: Well, no. Commissioner, if there are -- if
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September 29, 2009
there are breaks -- water is a precious resource in Florida. We realize
that, and the utility does have a policy for leaks. If it's not -- if it's a
leak where the water did not go into the sewer service, we certainly
would give them credit for sewer; and because we want people to act
quickly and make repairs of a permanent nature so that we don't waste
the precious resource that water is, we will consider -- our policy now
is up to a $250 credit for a leak, not for water that was used
intentionally for another purpose, that is, to water --
COMMISSIONER COLETTA: I understand what you just said,
but you also said that if it didn't go down the sewer, then you would
make amends.
MR. BALLONE: Well, we would -- we would look at the
average consumption over the last 12 months -- and in this particular
case, it runs between 14- and 20,000 gallons, as Mr. Smith said -- and
credit the difference. Now, residential sewer charges are capped at
15,000 gallons. So in this instance there would be no credit because
the average consumption is already 15,000 gallons.
COMMISSIONER COLETTA: Okay. So that's to cover--
MR. BALLONE: Anything over, they would not have to charge
sewer for.
COMMISSIONER COLETTA: -- the massive breaks that take
place over a period of time?
MR. BALLONE: They would only have been charged sewer on
sewer consumption up to 15,000 gallons. It's capped. Billing on
sewer consumption is capped at 15,000 gallons.
COMMISSIONER COLETTA: Okay. And does the County
Attorney agree with that, that the Florida Statutes trump us on this?
MR. KLATZKOW: You have a policy that we go by. My
understanding, it was board approved. So we already have a policy on
refunds. This falls outside the policy.
So any way you look at it, whether you want to look at the
special act, the ordinances, or this board's policy, this falls outside the
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September 29, 2009
scope. I mean--
COMMISSIONER COLETTA: Thank you. It would have to be
the Chair to recognize you, sir.
CHAIRMAN FIALA: Sir, we really don't allow somebody to
come back up again.
MR. SMITH: Well--
CHAIRMAN FIALA: You have one second, one minute, please.
MR. SMITH: Fine. Basically what it comes down to is, yes, you
have the authority and, yes, you have the authority to be able to make
a judgment call on this. As the County Attorney has said, is that you
establish that policy . You're the one that came up with that policy and
you're the ones that can make that decision.
CHAIRMAN FIALA: Thank you.
MR. SMITH: Now, if you choose not to allow there to be a
difference between the person who does not maintain their swimming
pool and those that have a catastrophic situation, nothing I can do
about that.
CHAIRMAN FIALA: I think maybe this is something we ought
to be discussing with this department. I know I've had a quite a few
breaks in my districts, some where the people are out of town,
nobody's using the water at all, it's broken, and yet they've gotten
charged $4,000 in Isles of Capri, remember that one, $4,200.
And things like that have been happening. We've had a number
of them, and maybe there's some kind of a policy that we could
establish. But now is not the time. Let's talk about that and see what
we can put together.
Item #6C
PUBLIC PETITION REQUEST BY ROBERT CAULFIELD TO
DISCUSS WATER BILL DISCREPANCY - PETITIONER
ABSENT
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September 29, 2009
And then we go on to number C, public petition request for
Robert Caulfield to discuss water bill discrepancy. Here's another
one.
But maybe Robert Caulfield --
MR. OCHS: Is Mr. Caulfield here?
(No response.)
COMMISSIONER HENNING: Calling Mr. Robert Caulfield.
CHAIRMAN FIALA: No Mr. Caulfield. Okay.
Item #6D
PUBLIC PETITION REQUEST TO DISCUSS THE USE OF A
PARKING LOT AT VINEYARDS PARK BY AVE MARIA LAW
STUDENTS - DISCUSSED
MR.OCHS: That moves us to Item 6D, ma'am, and that's a
public petition request to discuss use of parking lot at Vineyard Park
by Ave Maria law students.
MS. P ACTER: Good afternoon, Commissioners. I just have to
find the PowerPoint.
COMMISSIONER HENNING: Look how that pointer's just
moving all over the place.
CHAIRMAN FIALA: Do you need a little time? We can go on
to the next one.
MS. P ACTER: Well, it's in the middle, so I'm going to speak
and then he'll find it as I'm speaking.
Good afternoon, Chairman and Commissioners. Laura Pacter,
and I'm a 30-year resident of Collier County. I'm here today to talk to
you about a parking issue at Vineyards Park with Ave Maria law
students using a public parking lot to park personal cars and attend this
private university.
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September 29, 2009
These same students are avoiding parking fees by parking on
(sic) campus and their cars are occupying spaces normally used by
park goers at Vineyards Park.
As you all know, Vineyards Park has a lot of history here. It was
used for the Country Music Jam and for many soccer events and
activities over the years; however, to use a park for over-flow college
parking isn't in the best interest of taxpayers here.
I have this quick PowerPoint -- if we can find it -- to bring a
thoughtful perspective to this current situation. That's not it. No.
We're looking.
MR. OCHS: Ma'am, would you like us to go to the next item
and come back?
CHAIRMAN FIALA: Yeah, I think we should do that.
COMMISSIONER COLETTA: Why don't we? It will be--
MS. P ACTER: I can finish it without the PowerPoint and he can
keep finding it.
CHAIRMAN FIALA: Okay.
MS. PACTER: Collier County parks are here for the enjoyment
of residents. By allowing these students to park and attend class,
instead of using the park, it sets a precedence for private entities to
abuse parking areas and other public parks and areas throughout
Collier County.
I'm asking for your careful consideration of this parking situation
and a quick resolution to rectify this parking situation at Vineyards
Community Park. Either a sign can be added notifying students to
park elsewhere, a parking fee similar to beach parking can be charged,
or a rental fee charged to the university can be also accomplished.
There's some positive options to this parking situation, and my
hope is action will be taken quickly.
And hopefully we'll find the PowerPoint. It's only four -- it's
only four pages, and we can go on to the next person. I can always
come back up if you'd like. Save your time.
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September 29, 2009
CHAIRMAN FIALA: Well, you've pretty well used up your
time, so. Pardon me?
MS. PACTER: I have two minutes, and it's a two-minute
PowerPoint.
MS. FILSON: She has.
COMMISSIONER HENNING: I have questions.
MS. FILSON: She has almost eight minutes left.
CHAIRMAN FIALA: Okay.
MS. P ACTER: I have eight minutes.
CHAIRMAN FIALA: Commissioner Henning has some
questions, so --
MS. PACTER: Sure.
COMMISSIONER HENNING: Well, thanks for e-mailing me
this on this issue.
Did you ever resolve the issue of using the Ave Maria's School of
Law's parking lot to pick up your child at the elementary school?
MS. PACTER: No. I'm no longer allowed to walk my child to
and from the campus.
COMMISSIONER HENNING: Okay. So you're proposing a
parking fee at parks?
MS. PACTER: Only for those Ave Maria law students that are
using it to attend classes. There's about 50 cars, and --
COMMISSIONER HENNING: Well--
MS. P ACTER: -- as evidenced in the PowerPoint -- there it is,
right there. Okay. I took pictures so I could bring the parking lot to
you, and there's the Webdings for some reason. Okay.
COMMISSIONER HENNING: Okay. I understand that you
have a problem with the Ave School of Law.
MS. P ACTER: I do. I mean, I could see if -- I could see two
cars. But they asked the director to park two cars, and as you can see,
there's a little bit more than two cars at this parking lot. I don't know
why those web dings are there, but they are.
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September 29, 2009
Most universities build parking garages. This actual picture is at
FGCU. And parking garages are not my favorite things, and certainly
not something that I would welcome near this public park, but it's
something that needs to be done.
Obviously the Ave Maria law school was supposed to be out at
A ve Maria town, but now they're here at Vineyards Park.
They're using a public park for over-flow parking, as Collier
County residents' right to park at Vineyards Park is infringed on daily.
A proposal to you to charge user fees to students for over-flow
parking spaces similar to beach parking stickers. As I understand,
they are getting out of $200 park fees.
Do not -- or we can just say, do not allow law students to park at
this public park to attend classes at a private university.
Fact. Public access to park is now limited by over-flow by
parking at a private university. Please think about public's best
interests in protecting Collier County residents' right to use beautiful
amenities of Vineyards Park.
Thank you for your time and consideration. I really appreciate it.
And I hope that you will do something.
COMMISSIONER HENNING: May I finish my question?
Could you not interrupt me if I ask you a question?
MS. PACTER: Oh. Well, it was the PowerPoint. It wasn't
working, and she said time was up, so I was going to go.
Yes, yes, I'm listening.
COMMISSIONER HENNING: Okay. Thank you. So just for
private universities we should charge parking fees?
MS. P ACTER: Actually, if you really think about this, by
allowing them to do this, you're setting precedence. You know, we
have this beautiful vet- -- you know, Freedom Memorial that was just
built, and all you need is one corporation to, you know, build right
next to you and park there. I mean--
COMMISSIONER HENNING: What about -- what about ifit
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September 29, 2009
was a public university?
MS. P ACTER: Even if it was a public university, that's still your
Freedom Memorial. That's your, you know, beautiful place that you
want to go visit, and you should be able to park there. That's your
right as a Collier County citizen.
COMMISSIONER HENNING: What about people that park
there that doesn't even use the park? Should we use them?
MS. PACTER: I would think that if they're there to park their
cars, they should really be there for the park, to play soccer, to go
running, to go biking, to use the park, not to go attend classes for eight
hours.
COMMISSIONER HENNING: Well, there's a lot of people who
utilize Vineyards Boulevard for biking, skating, or rollerskating or --
and jogging and walking Vineyards Boulevard that park at the parking
-- or park at the park.
MS. P ACTER: So what's your point? They're not going to law
school classes. They're going biking.
COMMISSIONER HENNING: Well, I -- your issue -- I think
we all get it, your issue is with the Ave Maria School of Law.
MS. P ACTER: No. My issue's with students parking at a public
park to go to a private school class. It's not with the school of law. It's
with students using our parks to go to class. Not to go play in the
playgrounds, not to go play in the tennis courts. These are our jewels.
These parks are our jewels of Collier County, and if we don't protect
the parking in these parks, you're setting precedence for every other
park in Collier County and public entity.
COMMISSIONER HENNING: Well, the parking lot is made for
the parks, but there are a lot of people who park there that don't utilize
the parks, and including the school next to it, so --
MS. PACTER: So you're saying that the school-- the school is
allowed to do this, and that's okay?
COMMISSIONER HENNING: What I said was, there's a lot of
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September 29, 2009
people who use the park, who park at the park that don't utilize the
park.
MS. P ACTER: So you think these cars that are sitting there are
all biking? I mean, I don't. I mean -- I'm just bringing -- I'm just
bringing up a point, and I wanted to make sure that you're looking into
it, because right now there's nothing being done, and I shouldn't have
to keep repeating myself. I've presented my case, and I'm hoping
you'll take it into consideration.
COMMISSIONER COLETTA: Yeah, if I could. I think
something has been done. Barry, would you please stand up here and
address this.
MS. PACTER: I hope so.
MR. WILLIAMS: Barry Williams, Parks and Rec Director. And
Madam Chair, just to let you know, we are talking with Ave Maria
about this issue, and they are very cooperative with us. They do have
a law school started this semester, and they do have students parking
in the park, and we're working with them to make arrangements to
park in their existing parking lot. So we feel that this will be resolved
in the next couple of weeks.
We want to be good neighbors with them. They are perhaps
saving some money. They have to pay $200, we understand, to park
in Ave Maria parking lot. So they're law students, they're trying to
extend themselves and save some money by parking in our parking
lot.
But Ave Maria's been very gracious with us, and we want to give
sufficient time to give the students and educate them about, you know,
parking in the parking lots at Ave Maria. So that's what we're working
on right now.
CHAIRMAN FIALA: Isn't that a shame that they have to pay
$200 to park in the parking lot for their own school when they have to
pay tuition to get into that school?
MR. WILLIAMS: Yes, ma'am.
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September 29,2009
COMMISSIONER COYLE: Law students shouldn't have cars
anyway.
COMMISSIONER COLETTA: We ought to try that at the
libraries.
CHAIRMAN FIALA: Thank you. I'm glad that you're working
it out, and thank you, ma'am, for bringing --
MS. PACTER: Thank you.
CHAIRMAN FIALA: -- this forward.
MS. P ACTER: Thank you for listening.
CHAIRMAN FIALA: Looks like -- looks like our people are
working with them.
Good luck, Barry.
Item #6E
PUBLIC PETITION REQUEST BY GISELA ROWLEY TO
DISCUSS DOMESTIC ANIMAL SERVICES MISSION
STATEMENT - DISCUSSED
MR. OCHS: Madam Chair, next item is 6E, and that is a public
petition request by Gisela Rowley to discuss Domestic Animal
Services Mission Statement.
MS. ROWLEY: Good afternoon, Commissioners. My name is
Gisela Rowley, and I really appreciate the opportunity to address you
on behalf of hundreds of animal advocates.
I decided not to request that they all join me here today to show
support. They have already spent an excessive amount of time
attending various meetings on this subject, and I think you already
know how many of them consider the subject of adoption to be
extremely important.
Our request is very simple. We want to add the single word
"adoption" to the mission statement of Domestic Animal Service.
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To refresh your memory, I'd like to quickly review what mission
statements are and why they are important.
About 30 years ago, leading academics and consultants
convinced American business and government of the importance of
strategic planning. About ten years later they came up with a concept
of vision, mission, and values as a way of communicating to everyone
the major objectives that were identified in strategic plan.
This concept is now universally accepted. Today mission
statements are to be seen in annual reports, websites, headquarters
lobbies, letterheads, and many other places. They are intended to
constantly remind employees, management, customers, and anyone
else connected with the organization of the main objectives of the
operation. A good mission statement is very brief but describes the
objective very specifically.
I think we can all agree that adoption is an important objective of
Domestic Animal Services. In the recent budget meetings, the
commissioners made it very clear to a concerned public that they
shared this belief.
Now, we are all practical enough to understand that whatever we
do, in all likelihood, thousands of animals will be euthanized at the
shelter. Sick animals, dangerous animals, and numerous other
unwanted animals will inevitably be put down.
Of course, we strongly support programs such as spay/neuter to
reduce the number of unwanted animals, but we know that despite our
best efforts over many years, there are simply too many animals for
the county to save in a financially responsible way.
So to summarize, we know two things. First, a good adoption
program is the only thing that will save as many animals as possible
from certain death. It is, therefore, a major objective of the shelter.
Secondly, as I explained previously, every competent manager
knows that all major objectives of an organization should be clearly
and concisely included in the organization's mission statement to serve
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September 29, 2009
as a constant reminder to everyone what is important and what is not.
So Commissioners, we respectfully ask you to ensure that the
DAS Mission Statement be changed to include this glaring omission.
Then everyone will know that adoption is really important.
Finally, I should mention that after the recent budget meetings,
we followed Commissioner Henning's helpful advice and took our
suggestion to the DAS Advisory Board. About 50 people attended the
meeting to advocate the change, and hundreds more signed a petition
of support.
To our astonishment, at the start of the meeting, the DAS director
jumped up and shocked us all by saying, it didn't matter what any of
us said. She also said that it didn't matter what the advisory board
recommended and that she had no intention of making the change.
The advisory board then voted to recommend the change, and the
DAS director again stood up and forcefully repeated that she had the
authority to overrule us all and she intended to do so.
She then astounded everyone by saying she had already changed
the mission statement with no input from any of us. She added the
words, positive outcome for shelter animals. As I had said before, a
good mission statement should be both brief and specific. Her change
is unnecessarily lengthy and, even worse, very vague and nonspecific.
Anyone reading it would have no idea what it means, and they
certainly wouldn't know that adoption is a major objective of the
shelter.
Of course, we all know she has the authority to ignore the
advisory board and to disregard the collective advice of dozens of
people who are very knowledgeable on both issues and management
techniques such as mission statements.
We have no idea why she is so adamantly opposed to such a
simple change, but respectfully, we know she's wrong. We really hate
to take your time to discuss an issue with such an obvious answer, but
unfortunately we have no choice.
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September 29, 2009
I'll pass around for your consideration the mission statement as it
was before our suggested change and as it will be after the word
adoption is added, that one simple word, adoption.
Again, Commissioners, many thanks for listening, and we look
forward to your support. And I know I have lots of time left, which I
don't mind not using.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Thank you.
Oh, Commissioner Henning?
COMMISSIONER HENNING: Can we ask our advisory board
to take a look at the mission statement? After all, they advise the
Board of Commissioners.
CHAIRMAN FIALA: Sure. Yes?
COMMISSIONER COLETTA: And I think we need
clarification on that. Maybe the County Manager would like to advise
us. But isn't the mission statement the sole property of the director of
anyone department?
MR.OCHS: Well, yeah. Commissioner, these are department
level, what I would call or characterize, as operational mission
statements specific to an individual department. They are not a
strategic mission statement such as the board adopts as part of their
strategic plan.
It's typically an operational decision under the purview of the
County Manager's agency. And I think Ms. Townsend is here if you'd
like to hear a little bit from her about her reasoning behind the specific
wording of the mission statement that was prepared for her
department.
COMMISSIONER COLETTA: I'd like to hear it.
MR. OCHS: It might provide some additional input.
COMMISSIONER HENNING: Well, I want to stay on this
topic.
COMMISSIONER COLETTA: I'm sorry. I didn't want to take
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September 29, 2009
it away, Commissioner Henning.
COMMISSIONER HENNING: No, that's all right.
You know, whatever mission statement you're going to adopt,
you're still going to make decisions that affect the public.
MR.OCHS: Yes, sir.
COMMISSIONER HENNING: And we're here to represent the
public, not government. You know, whatever government feels --
how they should do things, it should be -- it should be -- we should be
a part of that. And we ask -- we ask our citizens to participate in that
through advisory boards.
MR.OCHS: Yes, sir.
COMMISSIONER HENNING: I mean, I think that's just an
outrageous statement. That's -- you know, we're here -- it's still a -- it's
still a republic representation, no czars or anything else.
CHAIRMAN FIALA: Go ahead, Amanda.
MS. TOWNSEND: Good afternoon, Commissioners. Amanda
Townsend, Director of Domestic Animal Services.
This issue has come before the Domestic Animal Services
Advisory Board multiple times. It was first introduced by a citizen,
Stephen Wright, way back in November of 2008, and the advisory
board asked me to look into what it takes to change a department
mission statement, and I did so and dutifully responded to them in
February of2009 that it was the opinion of the County Manager's
Office and County Attorney's Office that the mission statement is the
purview of the director, that it's really an administrative function and
not subject to review or approval.
The advisory board looked again at the topic in April of 2009. At
that time they unanimously voted to recommend to me to leave the
department mission statement as it was. After -- subsequent to the
budget hearings, citizens asked the advisory board to look at the topic
once again, and we discussed it again in 2000 -- or I'm sorry -- in
August of2009. That was the meeting that Gisela referred to.
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September 29, 2009
I am of the opinion that the public and the petitioners and I
ultimately have the same goal and that is the reduction of the rate of
euthanasia of healthy, adoptable animals. What we differ on basically
is how to achieve that goal.
That -- addressing the community problem of pet overpopulation
-- and it is a community problem. It's not simply a Domestic Animal
Services problem -- is what I consider mission plus. The ultimate
reason that Domestic Animal Services exists is to protect residents and
visitors from animal-related injury and zoonotic diseases. We're here
to protect people first.
And what we can do to benefit the animals is, in part, a
secondary part of what we do. And if we're to reduce pet
overpopulation, that is definitely mission plus and it's something we
certainly want to work towards.
Your petitioner and I have a difference of opinion on how that is
to be done. I am of the opinion that a sole focus on adoption at the
expense of not focusing on lowering intake of animals at the shelter
and at the expense of not improving return-to-owner rates through
licensure is only addressing part of the problem, and it's not a
sustainable way to ultimately address pet overpopulation.
I introduced the phrase positive outcomes for shelter animals
because I believe it's more inclusive and that it captures particularly
the interest we have here in improving licensure, which will offset our
ad valorem hit, and help us return animals to their owners.
COMMISSIONER HENNING: I'll put something on the agenda,
because I just see an overall problem here where we allow this
governance to happen by employees and that and it needs to come up
and be adopted by the Board of Commissioners. I'll put it on the
agenda later on.
COMMISSIONER COLETTA: Well, to be honest with you,
Commissioner Henning, that's what this whole process is about now
and why it went to the advisory board and everything. And it's not a
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September 29, 2009
case that things are being shuffled.
The mission statement is a whole different thing. This
commission has been supportive of adoption. The whole thing is is
where we're going to go with this as far as how it's laid out. I mean, if
you want to put it on the agenda, why don't you make a motion for it
and we'll go forward.
COMMISSIONER HENNING: No. I'm going to just put it on
the agenda, and I have every right to do that.
And you missed the point. It was stated that the mission
statement is up to the director. And I'm saying, we are here as elected
officials to govern over the people. Whatever mission is adopted is
going to reflect governess over the people.
COMMISSIONER COLETTA: Well, let's put the mission
statement to a challenge now and make a motion that it's -- the
addition isn't made to it, and we'll see where it goes.
COMMISSIONER HENNING: See--
COMMISSIONER COLETTA: I mean, why do you want to
bring this back to another agenda when we can resolve it right now?
COMMISSIONER HENNING: Because you're just
misunderstanding.
COMMISSIONER COLETTA: No, I understand.
COMMISSIONER HENNING: It's not -- no, you're not. It's not
the mission statement. It's the statement by the County Manager
saying, the mission statement is adopted by the director, and that's the
director's responsibility.
COMMISSIONER COLETTA: Yep.
COMMISSIONER HENNING: And the mission statement
governs over the people.
COMMISSIONER COLETTA: Yeah. No offense, but what you
have right now is not anything but an opinion. Until you bring it to a
motion and get a second and carry it forward, it's not going anyplace.
Then why -- what are you doing? You want to act as an independent
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person to be able to determine which way this commission goes?
Bring it up to them. Make a motion. Go ahead. I mean, that's the
easiest way to get it forward.
CHAIRMAN FIALA: I would like to ask a question. Is this an
overriding feeling amongst the volunteers at the shelter, or is this
something that just a few people feel? Because the volunteers do play
a great part in the shelter.
But if not many people feel this way, if it's only just a small
group, then maybe, you know, we don't want to get carried away
either.
MS. TOWNSEND: Well, I'd like to address that in certain -- and
address Commissioner Henning's concerns at the same time.
COMMISSIONER HENNING: As long as you understand my
concerns.
MS. TOWNSEND: I'm doing my best.
When we had the budget workshops -- and Commissioner
Henning made the comment that he had heard many positive ideas and
the input from members of the community and asked that we work
those through the Domestic Animal Services Advisory Board, we've
done that. And we compiled a list based on all the e-mails, I reviewed
the videos of the budget workshops, and I compiled a list of potential
projects, and we're working those and prioritizing those through the
Domestic Animal Services Advisory Board. So we are doing
everything we can to be responsive to the ideas of the public.
This one particular issue, I feel, is very fundamental to the way --
to the direction of the department, and I feel it's very important that we
have a very long-reaching and sustainable vision for addressing, if the
commission wishes us to take that on, pet overpopulation and being a
part of a community solution to that. Adoption is absolutely 100
percent an important piece of doing that, but I don't think it should be
singled out over and above other aspects of the solution.
CHAIRMAN FIALA: Commissioner Henning?
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September 29, 2009
COMMISSIONER HENNING: Well, like I said, I'm going to
bring back just an overall item on the agenda not on addressing this
one, but the governess belongs to this board, and we need to
memorialize that.
CHAIRMAN FIALA: Okay. So you'll be bringing this back
then. That's what I heard, right?
COMMISSIONER HENNING: No, you didn't hear that.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: I said, any mission statement
that any department adopts is a regulation over the citizens of -- and
visitors of Collier County.
CHAIRMAN FIALA: That's why I asked. You know, if this is
an --
COMMISSIONER HENNING: We need to be --
CHAIRMAN FIALA: -- overwhelming feeling, then we have to
listen to them because they're a part of this solution for our adoption
process. I mean, if the multitude of volunteers, the multitude of our
people, the multitude of people involved with the animals feel this
way, well, we must listen to them, but if it's -- if it's two or three
people who -- who just want to make a statement, then maybe we need
to reconsider. I don't know.
MS. ROWLEY: If I may interact. There were -- we have
thousands of signatures that support this, hundreds that are for the
word, to include adoption in the mission statement.
CHAIRMAN FIALA: Okay.
MS. ROWLEY: And as I said before, the only reason why I
didn't bring them here, why I didn't ask them to come here was
because you've got enough on your plate. You don't need to be
exposed to all of that again.
CHAIRMAN FIALA: So, Commissioners, what is your
pleasure? We've got move on. We're getting -- we're getting way
behind.
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September 29, 2009
COMMISSIONER COLETTA: Commissioner Halas is next.
CHAIRMAN FIALA: Oh, Commissioner Halas?
COMMISSIONER HALAS: There's a lot of things that I think
come into this factor and that is, what is the county willing to pay for
housing animals, and I think that -- I think that the D AS has got a
good plan, and I think if everybody understands what their plan is that
they're going to reach an ultimate solution whereby the people who
have pets in this county have to be accountable for their pets, and I
believe that the people that work at DAS and I believe that the
advisory commission -- or committee also realizes that, and I think
that they're on the right track. So that's my two cents worth.
CHAIRMAN FIALA: Thank you very much, Gisela.
County Manager?
MR. OCHS: Yes, ma'am. You have a two o'clock time certain.
CHAIRMAN FIALA: We do. Now, we're already past our
one-and-a-half hours to give Mrs. Fingers a little rest. Shall we take a
ten-minute, and then we'll be back?
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: Thank you.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, would you please take your
seats.
Madam Chairman, you have a live mike.
CHAIRMAN FIALA: Thank you very much. I think I have --
oh we--
,
MR. OCHS: You have three commissioners, four
. .
commISSIoners.
CHAIRMAN FIALA: They're assembling quickly.
COMMISSIONER COLETTA: Let 'er roll.
MR.OCHS: Ma'am, you have a two clock time certain--
CHAIRMAN FIALA: Let 'er rip.
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September 29, 2009
Item #5C
REPORT FROM THE PRODUCTIVITY COMMITTEE ON THEIR
STUDY OF CHARTER GOVERNMENT - PRESENTED;
MOTION TO NOT MOVE FORWARD ON THIS SUBJECT -
APPROVED; MOTION TO HAVE AN INDEPENDENT
CONSUL TING ORGANIZATION, ON A CONTINGENCY BASIS,
REVIEW ANY COST SAVING CAPABILITIES WITHIN
COUNTY AGENCIES - APPROVED
MR. OCHS: -- that is, and that is Item 5C, a report from the
Productivity Committee on their study of charter government.
MR. HARRISON: Yes. For the record, Steve Harrison,
Chairman of the Productivity Committee.
A couple of months ago you asked us to take a look at charter
government, which we have done. As you'll see, it's from a -- more of
a structural and legal standpoint. The committee itself, half of which
is here, really takes no position at this time on, you know, whether it's
a good idea or not a good idea for the committee, but I think you'll
find it interesting what Gina Downs has found. She's done the
research, and she'll take you through the presentation.
MS. DOWNS: Leo?
MR.OCHS: Yes, ma'am.
MS. DOWNS: How do I get it up on the screen?
MR. OCHS: You're doing well. There you go.
MS. DOWNS: Good afternoon, Commissioners.
A very quick history of charter government in Florida. In 1957
Dade County received special mission to institute charter government.
They were the first.
By the mid 60s more than 2,000 local issues were tying up the
state legislators. By 1968, the state recognized charter for cities and
counties throughout Florida.
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September 29, 2009
Forty-plus years later, do voters want to consider charter
government? According to the National Association of Counties, the
majority of states have charter counties. In addition to the 29 states
with charter government options, eight more states provide an optional
home rule form of government.
If you are from one of these 11 states, you are from a state that
does not allow charter or home rule. And, no, that does not total up to
50. There are two counties that essentially have no operating county
governments. They are -- I'm sorry -- states, they are Rhode Island
and Connecticut.
In Florida 75 percent of the population, or 14 million out of 18
million Floridians live in a charter county; 20 of 67 counties. The 20
counties tend to be counties with populations of 300,000 or more. I've
placed stars on those 20 counties.
Pasco, at the end of that arrow, is the only county in Florida with
-- more heavily populated than Collier County that operates without a
charter. Ten counties make up South Florida; five of those ten have
adopted county charter government. Those five counties make up 91
percent of the South Florida population.
With the exception of Pasco County, whose population is about
100,000 more than ours, every Florida county larger than Collier has
opted for charter form of government. V oters in seven counties with
smaller populations have also approved the adoption of charter
county.
In 2008 Wachula, with a population of 30,000, became the latest
to join the charter government pool.
Looks like all the cool older kids are doing it. Is that a reason
enough for Collier County to adopt charter government? No, certainly
not, but it may be a reason to merit a closer look.
Nationwide a variety of reasons have prompted voters to choose
charter government. Most commonly cited, no longer a rural county.
They feel their needs and services for urban and suburban areas are
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September 29, 2009
more intricate. Number two, which already popped up, an event
induced reset, a chance to rebuild and reshape their local government;
a do-over, if you will.
That event can be a widespread natural disaster, but unfortunately
it's also been spurred by corruption in local government.
Economic conditions spur a need to look for any and all
cost-saving opportunities. In some cases, charter serves as a method
to provide closer fiscal scrutiny. And the most -- the other more
frequently cited reason, the public tends to see charter as a way to take
back their government.
Florida law allows three methods of bringing a proposal for
charter government to the ballot. Nine times county commissioners
have proposed a charter in Florida, seven times a charter commission
has drafted a proposed charter, and three times a charter was
introduced by voter initiative.
Florida Statute allows three forms of charter government. All
three forms call for electing county commissioners. All three will
specify either electing or appointing constitutional officers.
The differences: an elected county manager position conforms
with what's called the executive form of charter government. An
appointed county commissioner -- county manager, which we have, is
called the county manager form of charter.
The last, number three, is the county chair administrator. This
includes an elected chair of the commissioners. The chair only votes
in case of a tie, and the chair of a county charter administrator then
appoints the county manager.
State law requires at least five commissioners. There is no
required or consistent ratio of constituents to commissioners. In
charter counties, the ratio ranges from one per 6,000 to one
commissioner per 190,000 constituents. The majority of Florida
counties have five commissioners. Duvall is the exception with 19
. .
commISSIoners.
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September 29, 2009
Only the commissioners and the five constitutionals are partisan
seats. All other county elections are non-partisan. Every municipal,
every city incorporated, has a non-partisan election. Charter can
decide what the preferred method is.
Term limits can be set by charter. When limits have been set in
Florida, they tend to be a maximum of three terms.
Salary limits may be set by charter as a percentage of the salary
range set by the state. Generally those limits are implied infrequently
and mostly in low population counties.
County manager. If the position remains appointed, a charter can
specify a majority or supermajority requirements. If the manager
position has veto power over commission votes, again, charter can
specify a number of votes required by the commissioners to override
the manager's veto. Again, if an elected position, would this be a
partisan position or not? Charter can spell out powers and duties and
administrative code.
County attorney's position. I've not run across any county that
elects its County Attorney. But, again, charter can specify both the
appointment and termination requirements for a county attorney.
Several counties use the same process and do have an appointed or
elected assistant county attorney.
Municipalities. Our three are City of Naples, Marco, and
Everglades City. A county charter can and often does clearly state
that existing municipal ordinance prevail and that annexation options
remain the same. Most exceptions that override MUNI ordinances are
environmental ordinances, planning issues, and impact fees. That's
found throughout Florida.
When issues impact a city, charters often require a double
referendum, a majority vote not only of county voters, but a majority
of vote by the city voters as well.
Constitutional officers. Most charters have kept their elected
constitutional process intact. A few have consolidated positions.
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September 29, 2009
Consolidated positions, I've found, include creation of a new finance
department, which absorbs both property tax collector duties and the
part of the Clerk of Court duties that pertain to collecting, auditing,
and investing county funds.
Another consolidation example. Creation of a new public safety
department which absorbs law enforcement, fire departments, and
EMS. Consolidated or not, elected or appointed, some charter options
remain the same, partisan or non-partisan. Do the voters want the
ability to recall? These apply to just about every position. Do they
want to impose term limits? Residency requirements can also be set
by charter.
Now, if the voters are presented with charter government options
and if they vote in favor of charter, how may they continue to vote for
or against changes to a charter government? Three opportunities exist.
One of three, public initiative. It may not change a charter. It
can only bring an issue to the ballot. The public may want to amend a
charter, enact new ordinances, or remove ordinances from a charter.
Charter establishes the percentage of voters' signatures required
to bring an ordinance to the ballot. Usually that requirement is four to
30 percent with ten to 15 percent being the norm in the State of
Florida. A time limit for collecting signatures is established.
Next, charter determines if a public initiative ordinance passes by
simple majority or another percentage. By petition, the public may
demand a recall of elected officials vote via a special election. Again,
shall that recall vote be determined by simple majority or not?
Charter review commissions. Again, they may not change a
charter. They may only bring an issue to the ballot. Charters require a
review commission. Some have a mix of appointed and elected
members serving on that review commission. Determination must be
made as to the length of term and how frequently the charter shall be
reviewed.
Florida Statute requires a minimum of ten people on a review
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September 29, 2009
commISSIon. A charter will decide the powers allotted to that review
commISSIon. What exactly may that commission bring to the next
ballot? Amendments only, enactments, repeals, a combination or all
three. This commission requires adequate budget for legal expenses.
The third initiative option. Again, county commissioners may
not change a charter. They may only bring issues to a ballot. A
charter spells out what may be brought forth for referendum. An
amendment, an enactment, a repeal, a recall.
A charter specifies the required majority of commissioners to
initiate that referendum. As with any charter initiative, vote for
passage may be by simple majority or some other percentage of the
vote.
Any initiative must be voted upon by county voters regardless of
how it made its way onto the ballot.
Collier County lacks an ethics commission in spite of recent
history. Charter could guarantee one. If the voter wants an ethics
commission, what size? How shall they be seated? What will be the
length of their term? Should they be appointed or elected or a
combination? There are numerous administrative details that should
be specified in a charter.
F our basic arguments are frequently heard against charter. I'll
save the big one, money, for last.
Cities frequently fear losing their independence. There does not
appear to be an outcry from cities across the nation. There are no dire
charter warnings, no white papers, no negative charter blogs
emanating from the League of Cities. This is one of the few quotes I
could find that referred to charter government in any way.
The double referendum option appears to provide the assurances
and autonomy that cities require. As you can see, there are 412 cities
in the State of Florida.
Next. Will charter change the ability to vote for constitutional
officers? This addresses the potential change in the voting process.
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September 29, 2009
They want to put the fate of this particular elected position on the
ballot. Fill in the blanks, but the story is always the same. It is always
the voters who will elect to abolish an elected office or not.
Proponents always show that it saves money. In this recent example
from Ohio, the proposed amount was 1.5 million.
Opponents always say it is important that such positions remain
independent. The position at the core of this heated debate in Ohio,
the elected county engineer.
Ohio is not the only state to worry that turning one of their
elected offices over to an appointed position will alter the balance of
power.
Without charter, voters can vote -- voice displeasure at the ballot
box every four years. With charter, citizens have the right to recall
elected officials. Charter gives county voters the same rights afforded
city voters.
A charter gives motivated voters a direct avenue for bringing an
initiative to the ballot. Voters can influence either the charter
commission or their county commissioners to also put initiatives to a
vote.
Without charter, an ethics commission can only be instituted at
the pleasure of the BCC. With a charter -- with a charter the choice to
consolidate or not consolidate constitutional officers can be made by
Collier County voters, not by Tallahassee politicians.
And perhaps the most prevalent concern, will charter cost me
more money? There are few studies and little research comparing
charter to non-charter. The only reliable independent study I found
was done by University of West Florida. It was a decent sample size,
using relevant data, a long enough time period to rationally determine
a trend.
They took a ten-year period with a sample of 14 counties; seven
charter, seven non-charter. All had populations between 200- and
500,000. They found, as you can see, no significant difference. When
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differences did exist, they were in the $2- to $5-a-year range.
That same report used several charts. I thought this chart was the
most relevant because it addressed the bottom line for taxpayers, the
actual tax dollars paid per person. Again, no discernable difference.
The pink line is non-charter counties and the blue line are the
charter counties. And yes, with the exception of one year, taxes
increased every year for every county.
Again, worrying about the perceived cost of charter government.
Statements have been made that a utility tax will be charged if a
charter is approved. The more accurate statement is that a charter
county may charge a utility tax but not without voter approval. With
or without charter, the county has already been granted the right to
charge a utility tax by the state.
A recent letter in the Naples Daily News from a gentleman who
saw and heard essentially this same presentation, his conclusions: He
still worries about changing the voting process for constitutional
officers, still thinks charter consolidates power, fears that cities will
lose autonomy, and the ubiquitous, it's going to cost me more.
Every argument for and every argument against a charter option
has played out repeatedly somewhere sometime. Pros and cons have
been presented, weighed, and argued, and decided upon by millions
who went before us.
A majority of states have the charter option. A large majority of
Floridians have taken the charter option. An overwhelming majority
of South Floridians operate under a charter government.
Charter government was last proposed in Collier March 25, 1975.
The vote was 5,500 against, 3,600 for. The county now has 200,000
registered voters. Perhaps they would like to know about their
options.
I was asked to present a review of the charter and its many
options. Thank you.
(Applause.)
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September 29, 2009
MR. HARRISON: We've just been through a very tough budget
year. We don't know if your motivation for asking us to look at this is
cost driven.
But just to argue against charter for a moment. We made a little
attempt to recap in our last productivity meeting things that can be
done without the need for charter, and some of them reflect things that
we brought before you in 2006 as part of the administrative review.
But, for example, the various constitutional offices could do an
overhead value analysis to revisit the management structure of each of
the offices. Weare down something like 400 positions. Is that equally
spread through the management ranks, or is it all at the working
person's ranks?
In '06 we talked to you about standardizing fringe benefits,
including the portion chargeable to the employee. You don't need a
charter to do that. That could be a cooperative effort among the
constitutionals.
Same with the terms of employment, about the variations and
different policies having to do with vacations, holidays, sick leave,
and the way they calculate retirement benefits. You don't need a
charter for that.
There's other options. If payroll is an expensive item, I believe
there's a request for information out to see what it would cost to
outsource that. That doesn't take a charter.
The Sheriff s Department is using a system that is sort of an
antique. It's no longer supported by the manufacturer. Perhaps they
could be encouraged to migrate to better utilize the SAP that we've
invested millions in. That doesn't take a charter.
In '06 we talked about a common database to link the variety of
data processing systems together, eliminating manual transfers of data
between agencies of the government. That doesn't take a charter.
SAP work is spread now between the Clerk's Office and the
BCC. Could there be some economies in consolidating both
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development and support of SAP? Well, we could go on and on.
The position of our committee is that until there's some definitive
facts on the ground, we're really not recommending, one way or
another, charter government.
We have sent you a letter recommending that you retain an
independent consultant to look at this list, other lists, whatever you
want, to turn them loose to see where we can find economies that will
help us keep our budgets in line with the declining ad valorem tax
base.
And so we're happy to take questions if you have any on the
presentation, but --
CHAIRMAN FIALA: Well, right now I have two
commissioners lined up, but usually what we do is listen to our
speakers. We have eight speakers.
And so, Sue, would you call our speakers.
MS. FILSON: Yes, ma'am.
MR. HARRISON: I hope I've been clear. We're not taking any
position on this whatsoever on Productivity.
CHAIRMAN FIALA: Thank you.
MS. FILSON: The first speaker is Harold Hall.
MR. HALL: I'm ready.
MS. FILSON: He'll be followed by Georgia Hiller.
MR. HALL: Harold Hall, and thank you for the opportunity.
First, tell you what, I'd like to start out repeating a comment that
Commissioner Coy Ie made, oh, it was when you had the first
workshop with the committee. I've started to make me a little list -- I
told you this before -- a list of wisdom statements. You can start back
with Kennedy. I can tell you some by my grandpa.
Commissioner Coy Ie said when he -- there was some information
brought forth that I could tell by the expression on his face that he's
wondering about it, and he said, I would like to know where I'm going
before I start. I agree with you.
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Now, I want to talk a little bit about -- well, first, I want to say
something good and something bad, but I want to say the bad things
first because I might run out of time. I'm not supposed to joke about
this. I know this is a very serious subject.
First, the ordinance that created the Productivity Committee
states that they would study efficiencies in the divisions and
departments under the Board of County Commissioners. Apparently,
some of them had rather have, I guess, their own mission.
If you look on the website for the Productivity Committee, it
clearly states that they will look at any and all parts of county
government -- any and all parts of county government. That includes
looking at the constitutionals, no doubt.
Okay. In 2006 -- well, let me -- let me say the good thing I
wanted to say. It seems to me that this committee really serves you
well and served the public -- you mean I'm through --
MS. FILSON: No. You have one minute. That's a warning.
MR. HALL: -- in helping you review the budgets. Okay. Then
they came up with a silo structure, which is going to say that we've got
problems with constitutionals, fire, schools. And if all of these were
under the Board of County Commissioners, that would eliminate some
of the problems. I guess that's the implication.
They even came up with some numbers later, next year, stating
that they could save up to $50 million if they brought a whole bunch
of stuff under the BCC together with the constitutionals. Listen to
these. Reduce employee benefits 10 percent, assume a 3 percent
reduction in turnover. Why not assume 6 percent and you could save
12.6 million?
I don't deal in assumptions. I deal in facts, and I deal in -- I don't
deal in rumors. And I have documented everything that I was going to
say. Any commissioners that wants to see, and anybody on the
committee, I can show you where there's a bunch of erroneous
information in there.
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CHAIRMAN FIALA: Thank you, Mr. Hall.
MS. FILSON: The next speaker is Georgia Hiller. She'll be
followed by John Vaughn.
MS. CRAVENS: I'm ceding my time.
MS. HILLER: Marcia Cravens is ceding her time to me. Thank
you.
Commissioners, good afternoon. Georgia Hiller, candidate for
county commission, second district.
Commissioners, about the only things you can do with a charter
that you cannot do in a constitutional form of government is levy
additional taxes, eliminate elected constitutional officers, and give the
county the power to trump the laws of municipalities and special
districts, none of which the majority of Collier citizens want.
Charter is not introduced as a solution to corrupt government.
Charter to the contrary is a structure that can, by its terms, lend itself
readily to government corruption, as evidenced by what has just
happened in Broward and Palm Beach, and in the past, Miami-Dade;
all charter counties.
Charter does not lead to economic efficiencies. Bigger
government results in more, not less, spending. The cost of having
segregated functions is worth the benefit of protecting against
mishandled public funds. Even private businesses recognize that
segregation of duties is a necessary internal control in theft prevention.
Finally, charter does not give the county more control or
self-determination than what our current constitutional form of
government provides, since we already have home rule statutorily.
Anybody that tells you that you do not have -- that you do not
have to do what the state tells you to do in a charter government
doesn't know what they are talking about.
Commissioners, you are merely trying to accomplish through a
charter what you have failed to accomplish through litigation. You
want to rid yourself of the Clerk of Courts as the county's elected
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internal auditor because you want to ensure that nobody can check
how you are spending the taxpayers' money. You want to control the
financial reporting systems for the same reason.
Commissioners, you do not want cooperation. You want
subservience. The people want independent checks and balances.
CHAIRMAN FIALA: I don't even want county -- charter
government. How can you say that?
MS. HILLER: The courts made it clear months ago that the
taxpayers' interest income belonged to the clerk statutorily, not to the
board. You made an end run around the courts using the county's
lobbyist to amend the statute on point by sneakingly attaching it to the
state's budget bill, avoiding public debate and knowing that the
governor would not be able to veto it.
You yourself never publicly deliberated this action nor did you
vote on it as a board. Is this cooperation?
The courts made it clear last week that the clerk can audit you to
ensure the legality of the county's expenditures, and all you want to do
is cut his budget so he can't audit. Is this cooperation?
The public will not allow you to accomplish what are you trying
to accomplish through the passage of a charter.
I would like to read a quote from an article written yesterday by
Brent Batten entitled, "The Incredible Shrinking Collier Clerk's
Budget." The paragraph reads, the proposed budget includes no
money for an internal audit department unless -- and less than half the
money Brock requested for his finance division. In tandem, these two
departments watch the comings and goings of all county money,
making sure expenditures are legal.
That says it all. Thank you.
MS. FILSON: The next speaker is John Vaughn. He'll be
followed by Duane Billington.
MR. VAUGHN: Madam Chair, Commissioners, I'm John
Vaughn. I've been living in Collier County since 1959. And I've seen
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these elections on charter government come up a couple of times, and
evidently the Collier County taxpayers do not want it.
And, you know, like they say, if it ain't broke, don't fix it. And
I've never seen more government cost the taxpayers less. I would just
hesitate to see us get into something that we don't need, really. Thank
you.
MS. FILSON: Duane Billington?
(No response.)
CHAIRMAN FIALA: Richard Nivison? He'll be followed by
Don Hunter.
MR. NIVISON: My name is Richard Nivison. I'm a certified
public accountant. I want to thank you for allowing me to speak to
you today.
In my line of work as a CPA, the controls in accounting systems
are very important. We look for weaknesses in the checks and
balances of these controls, and the weaker they are, the more concern
we have that the assets of the entity are being compromised.
My concern, if charter government is passed and the
constitutionally elected officials' duties are assumed by the
commissioner, is that the checks and balances of those officials -- of
these officials performed will be the best -- will be best -- will be, at
best, performed on the commissioners by the commissioners. In other
words, the commissioners will be checking themselves.
If discrepancies are found, who is to know? It would be like the
fox guarding the henhouse.
That you commissioners are honest and trustworthy and have no
intention of doing anything wrong may be true, but keep this in mind.
Once this form of government is passed, it will hold for all future
commissioners. Are you willing to chance that in the future some of
these will not be honest and trustworthy? I hope not.
I urge you not to propose charter government. Thank you.
MS. FILSON: Don Hunter. He'll be followed by Kevin
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Rambosk.
MR. HUNTER: Good afternoon. Don Hunter, private citizen,
here representing myself today and my family.
I'd like to say, as the other speakers did before me, that this
certainly has come up a number of times. I appreciate the fact that the
board is holding the deliberations in public and we have an
opportunity to speak.
Let me just simply say, as Mr. Vaughn did, that in the event that
we find nothing really wrong, if there are no problems that can't be
resolved by state government as it is currently constituted, then I
would speculate as to why we would pursue any discussion pertaining
to charter. If there are some clear benefits to charter, then certainly we
would like to hear what those may be.
I heard about the recall vote. Right now I know, and when I
served as Sheriff, as any constitutional officer knows, they may be
recalled at any moment by the governor for cause, for reason, good
reason. If there's no good cause or good reason for recall, then I
would wonder why we would bear the expense of some recall
election.
So, therefore, I would suggest that maybe, just as an example,
that there are right now opportunities for recall in the State of Florida
as the state grants that ability and authority to its chief executive.
I've heard these issues pertaining to consolidation as a matter of
efficiency. Over the course of time, 20 years as Sheriff, we've talked
about the consolidation of IT, HR, financial, et cetera. My position
has always been that although we could discuss those issues, I still, by
the Constitution, by my oath, must preserve certain pieces of the
integrity of the office.
HR, we are permitted in law enforcement to exercise polygraphs
to screen people into the agency as opposed to all other forms of
government. We -- you are not permitted to do everything -- I'm still a
little gun shy -- that we do -- IT, information technology, clearly the
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people who administer those systems, need to be properly screened in.
They will look at materials that are not provided to the public,
intelligence files, certain type of victim information that must be
protected under all circumstances.
Internal affairs files must be protected by law.
Financials. We protect such things as the payment of informants
and the payment for evidence, et cetera, et cetera.
Again, if it's not broken, I would recommend that the board not
consider such a departure from the current good government and
preserve the checks and balances that we have good cause to preserve,
as have been evidenced in this county previously and has been on the
screen today, additional new evidence.
And I thank you very much for the opportunity to speak to the
Board and hope you're all fair and well.
CHAIRMAN FIALA: We hope are you, too. We miss you.
MR. HUNTER: Well, it's good to be looking in at my successor.
MS. FILSON: The final speaker is Kevin Rambosk.
SHERIFF RAMBOSK: Good afternoon. Kevin Rambosk,
Sheriff for Collier County.
I don't want to review what our former Sheriff has said, but let
me just leave you with some questions that I have.
Certainly I represent each and every member of our community
and those in the Sheriffs Office. So I'd be very interested to know
more specifically what the benefits of changing our form of
government would be replaced, what would be beneficial or maybe
not be beneficial with regard to the duty and role and responsibility
that I have to ensure for the public safety of the residents of Collier
County .
What is the general public benefit? What members of the public
will be included in the review of this process, and as much
information as we can that we can distribute publicly -- because the
constituents of mine that have called me reference this presentation
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today do not favor charter government at this time.
So public involvement, community involvement, is and will be
my number one request of you to consider.
Thank you very much.
CHAIRMAN FIALA: Thanks. But we're glad we have you,
Kevin. As long as we have to miss Don. I should make sure I give
compliments to both, okay?
And I'm going to jump in here first. I have a few commissioners.
I just want to tell you, I don't think we -- I don't ever remember
tasking the Productivity Committee to look at charter government.
Did we? I mean, it's not anything that we've ever really wanted to do.
COMMISSIONER COLETTA: Yes, we did.
CHAIRMAN FIALA: Did you? Did we? Okay. Well, it's not
anything I wanted to do. That's how much -- how much it stuck with
me then.
We had this before. You know, we had this idea presented to us
before, from Georgia Hiller's best friend actually years ago, and we
never wanted to do it then, and we -- and we turned it down, so why
would we want to do it now? But anyway, I agree, if it's not broken,
why fix it.
COMMISSIONER COLETTA: No, we never voted on it.
CHAIRMAN FIALA: We just -- but we had plenty of discussion
about it, right?
COMMISSIONER COLETTA: We did but we didn't turn it
down because we didn't approve it, we didn't turn it down.
CHAIRMAN FIALA: Right. We just -- we just let it slide by,
right?
COMMISSIONER COLETTA: Right, but that's why we're here.
CHAIRMAN FIALA: We got a lot of criticism for letting it slide
by, but we did, yeah.
And the reason it had come up was because of all of this business
in Tallahassee about home rule, I think, is why we were even -- maybe
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that's why we discussed it. But anyway.
Okay. Commissioner Henning?
COMMISSIONER HENNING: First of all, I want to point out, I
do have the study that was done by the university. That includes
taxes. It does not include fees. Charter governments can charge fees
that home rule counties cannot.
But Gina, I would like all your work product that developed the
PowerPoint presentation.
MS. DOWNS: Pardon me?
COMMISSIONER HENNING: I would like all your work
product that led up to the PowerPoint presentation.
MR. HARRISON: You mean the sources?
COMMISSIONER HENNING: Yes, all that work product.
MR. HARRISON: Almost every one was identified where it
came from, but you're welcome to it.
COMMISSIONER HENNING: Yeah, yeah.
The other thing, just an observation. The Constitutional Officers;
we've had very few Sheriffs in Collier County . We've had very few
Supervisor of Elections, and Clerk of the Courts and Tax Collectors.
We've had many county commissioners over the years, and it was --
and it was the governor who took action to put handcuffs on the
county commissioners. Can do it a heck of a lot quicker than the
voters can.
So I'm not -- I don't see an advantage of expending more monies
on charter government. I don't see what's broken in this situation.
And I definitely don't want to add more abilities for Collier County to
get more money out of the citizens.
And besides, everything that I've seen on this regurgitation of
charter government is coming from the government and it's not
coming from the people. And I can tell you, you know, not the best
things come from government. I can tell you good things come from
people. And I just haven't heard anybody wanting to appoint a charter
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review committee to bring something forward to the voters. So I'm
not in favor of it one bit.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I think charter government -- I
believe that we ought to have an open mind on it.
Charter government is proposed by the people. The people, the
charter commission, write the charter. They're picked out of the
populous of the county, and obviously there's a lot of good things that
may come out of it. I think it's something that should be looked at.
It's interesting that counties that, recently as 2008, that have --
went under charter control. When you ask them if they would go back
to where they were, most of them say no.
And as far as raising the taxes, that would be left up to the
people. That would be an issue that would be put on the ballot,
because that's what it's about. It's government for the people.
There was a statement about corruption. There's just as much
corruption in home rule counties as there is in charter government
counties. And the end result is that, not so much recall, but it's
scrutinized by the federal government and, of course, we all know that
-- what took place in -- or in Broward County, those people are taken
out of office in handcuffs.
So we have a couple of instances in Levy County and I believe in
Dixie County, and there's probably a couple of other counties that are
home rule counties, and they're going through the same process.
But I think that we ought to have an open mind, and I think there
ought to be additional research done on this, and then we can come up
with a good basis of either rejecting it or moving forward with it.
Thank you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. We probably could have
saved a good 30 or 40 minutes if we had told the public what the
Productivity Committee had decided before they ever came here. But
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let's review, because the Productivity Committee was doing exactly
what we asked them to do.
CHAIRMAN FIALA: I forgot about that.
COMMISSIONER COYLE: What happened was that some time
back they did a Productivity Committee study and they brought it to
us, and they wanted to know if we wanted to continue with it. No
charter had ever been developed. Nobody had ever said let's
consolidate the constitutionals or anything of that nature. They just
said, do you want to appoint a charter commission; and they brought it
to us, and we said, no, we don't want to do that.
So we went through a few years of difficult budget decisions.
We have a declining source of funding, and we thought maybe there's
some efficiencies that can actually be achieved.
So the Productivity Committee says, well, you know, we can take
a look at it again, but we don't want to get blind-sided the way we
were before when we went through the process, and then the
commissioners pulled the rug out from under them.
And so the plan was essentially this: come to the Board and ask
the Board if you wanted them to study it, the feasibility of it. They
did that, and we said, yes, please go back and bring us a report. And
we said, if we decide to proceed, what we would ask of them to do is
to hold public meetings throughout the county to gather input from the
public about what they felt might be attractive or unattractive about
charter government.
So it is absolutely astounding to me that people can come here
today and make accusations and assumptions about what would be
decided when it hasn't even started. But you've already made up your
minds.
You know somehow that going to the public and soliciting
information will produce exactly the situation that you predict. You're
not even willing to listen to the public. You don't even want it to go to
the public. You don't want to have the public have any input into
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anything that has to do with, perhaps, making their government more
efficient. That is reprehensible. But let's not digress.
Because of that largely, I think, the Productivity Committee says
-- tell me if I'm mischaracterizing this -- we don't want to have
anything to do with this. We're not the right organization to get
involved in this, and we don't want to waste our time. There are some
other things we need to do.
So before they ever arrived here, they had already voted
unanimously not to get involved in charter government, but yet there
are people here who are accusing them and us of doing all sorts of bad
things.
And I agree with them. We have a need to do something quicker.
If we proceeded with charter government, it wouldn't be on the ballot
until next year. We wouldn't be able to implement it until sometime
after that. That would not help us for this next budget cycle. It
probably wouldn't help us for the one after that.
So what we have to do is focus on ways of making county
government more efficient. We can do that internally within those
portions that the -- of the government that the Board of County
Commissioners has responsibility for, but we cannot do it as well as
we could if we had the cooperation of the other governmental
departments to eliminate duplicate services wherever they might exist.
And that, again, is a cooperative effort.
We do not have the authority to force any independent
governmental agency to do what we want them to do. We merely
want to talk. And if they're willing to cooperate, maybe we can find
ways to reduce costs, because we have to do something.
So the Productivity Committee has essentially said, if you want
to go ahead -- to the board -- if you want to go ahead with charter
government, then do it, you know, have the public hearings, gather the
information.
Well, I'm -- you know, I'm not inclined to do that. It's not going
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to help us this year, this next year. Let's focus our attention on what is
of highest priority and get on with it.
But I'm just absolutely appalled at some members of the public
who speak and intentionally try to undermine a concept by distorting
the facts. Most of the things that were alleged here by a few presenters
were almost entirely false. But we won't dwell on that.
Anyway, that brings us up to date. So since I'm the liaison to the
Productivity Committee, I would suggest that we very seriously
consider their recommendation that we see if we can find a consulting
organization that will take on the job on a contingency basis, which
essentially means that if they can find substantial economies in our
operations, then they will be reimbursed based upon the savings they
achieve, okay. So there's no net increase in cost to us. There's a net
reduction in cost. But at least take a look at it, maybe ask some firms
to take a look at this engagement and see if it's possible. No
commitments, no funding spent, but just take a look at it and see if
there's a possibility of working out a contingency arrangement
whereby they could recommend some efficiencies that would produce
savings and they would get part of those savings as compensation for
having produced them.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Well, I think Commissioner
Coyle was quite accurate in his description of what took place here
today. And whenever you have public members, respected members
of the public, get up before us and use adjectives that describe a
particular form of government that is used through a good part of
Florida with good results and to demean anyone that may have any
interest in even looking into it, I tell you, I'm at a loss to be able to
explain it. It's not the way it works.
And one of the things I was looking at with this charter
government was the ability of people to be able to interact in a more
meaningful way with their elected officials. Am I really interested in
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replacing the charter -- or the constitutional officers? No. I never --
never envisioned that. I do like the idea of people being able to play
.
In.
So what we're saying here today is, you know, we really can't
trust the voters of Collier County to make a decision. Wouldn't it be
nice just to be able to reach some point in time where this became an
item on the ballot and the public could look at it and they could make
their own decisions up or down whether this is the form of
government they'd like to go with?
Now, mind you, it's not an evil thing. And thank you very much
for not elaborating on some of the problems over in our sister county
over in Miami-Dade. You've got to look also to the other counties that
have charter government for some time, like Lee County, Charlotte
County, Palm Beach County.
And you heard Commissioner Halas refer to the fact that the
Association of Counties -- when we just recently held our legislative
meeting, charter government came up, and we had a whole session
where they devoted it to it, and it was pretty balanced. Gave you all
the ins and the outs of it, gave it all the statistical data, very similar to
what you've got here today.
At one point towards the end of the meeting, they were asking for
questions, and I said, I really don't have a question of the moderator,
but I do have a question of the audience, and he said, go ahead. And I
said, how many people are here from charter counties? And one-third
of the hands went up. And I said, please keep your hands up. I said,
how many of you, if you had the opportunity, would go back to being
a non-charter county? None of them lowered their hands and a lot of
them made comments that where they are now is a much better place.
Now, would that be true for Collier County? I don't know. But I
do trust the people that I represent out there to make these types of
decisions. And if that opportunity is ever availed to them, that would
be wonderful.
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But when it ever comes to a charter commission, we have to
make sure that it's something that's unbiased that would be put
together that would really represent the will of the people and not
some radical groups that are looking for vengeance upon a
constitutional officer or trying to point a -- put a poison pill into the
whole thing to kill it somewheres down the road.
What I think we need to do here today is, I don't want to just
keep kicking this can down the road. Last time this thing came up we
never voted on it. We never did. We never had a motion for approval
or denial. We just let it lie, and we kept right on going. Let's bring
this to some sort of finality today.
CHAIRMAN FIALA: Are you finished?
COMMISSIONER COLETTA: I'm finished.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER COYLE: Oh, I'm sorry.
COMMISSIONER HENNING: Well, if you want to save some
money, I pulled off the agenda an item of a quarter of a billion dollars
of spending. You can assist me in not spending that money. That's a
way to save the taxpayers.
But more importantly, if you really want to -- want to -- instead
of hiring somebody from the outside, we got -- we got employees, and
I'm sure that's willing to tell us, how can we save money. But we
bound ourself from talking to our employees or employees talking to
their elected officials. That's how we can really save money. These
people are -- you know, they're in the trenches all the time. They
know how we can really save money. If the issue is about saving
money, let's do it in-house instead of looking on the outside.
No. You don't want to do that?
COMMISSIONER COYLE: No, it won't work.
COMMISSIONER HENNING: I think it will work. You know,
giving -- giving incentives to somebody on the outside, I can tell you,
over here, they're going to say it's not going to -- it's not going to
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work. But you get the employees coming to us and say, you know, go
through a whole bunch of iterations; we can really save some money
through our employees.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Well, we can save
money by not kicking the can down the road and hiring a consultant.
This thing is so simple. There's no reason why you need a consultant
out there. You need public involvement. So I'm not going to support
anything as far as the consultant just to be able to get the thing off the
agenda.
We need to have somebody make a motion, one, to either deny
this or, two, to be able to move it to the next step, which would be
bring it back to the county commission on a future agenda with some
options as far as how we go to where we want to go, which would be a
charter commission or the BCC handling it themselves to get it as an
initiative on the ballot.
At that point in time, up and down, and we're out of here on this
particular issue. I do not want to waste a tremendous amount of time
on it. I do not want it coming back again in some sort of ghost form.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I agree with you, but I
distinctly remember casting the deciding vote that defeated the charter
vote question the last time, so we did have a vote.
Am I right, Steve? You don't remember.
MR. HARRISON: At which meeting?
COMMISSIONER COYLE: Okay. The one on April the 23rd
of 19 -- or 2007.
COMMISSIONER COLETTA: You had a Reuben sandwich for
lunch. Now, what happened after that?
MR. HARRISON: If you say so, Commissioner.
COMMISSIONER COYLE: Okay. But I really do remember,
and I've told this story to the Productivity Committee, that I cast the
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deciding vote the last time not to proceed with charter government.
That's why they were leery about proceeding again this time.
So is -- but it makes no difference. Let's have another vote. But
let's not bring it back for something on another agenda. Let's make a
decision right now. Are we going to move forward with charter
government or are we not going to move forward with charter
government?
COMMISSIONER COLETTA: Make the motion.
COMMISSIONER COYLE: I make a motion that we not move
forward with charter government.
CHAIRMAN FIALA: Second.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: 3-2, 3-2. Commissioner Coletta,
Commissioner Halas against.
COMMISSIONER HALAS: No. We're for bringing it back or
moving forward.
CHAIRMAN FIALA: Oh.
COMMISSIONER COYLE: Yes, that's right, that's right.
CHAIRMAN FIALA: Okay, thank you.
COMMISSIONER HALAS: We're moving -- to move it
forward.
COMMISSIONER COYLE: They're the more progressive ones.
COMMISSIONER COLETTA: No. Thank you for bringing
some finality to it. I just didn't want this to drag on.
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COMMISSIONER COYLE: You know, with the kind of
negativity that I see here today with this, you're just going to get into
an endless debate and people are going to spread such disruptive and
damaging rumors that there's just no point in even trying it. We'll find
some ways to get to where we want to go.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: Do you want to make another
motion for bringing somebody forward to --
COMMISSIONER COYLE: Well, yeah. We've got -- we've got
this proposal from the Productivity Committee --
COMMISSIONER HALAS: Let's move forward.
COMMISSIONER COYLE: -- to at least take a look at that, and
I would suggest that we take a look at it. I'm not saying we spend any
money on it, but let's see if it's possible.
COMMISSIONER COLETTA: I'm sorry. Clarify your motion.
COMMISSIONER HALAS: Did you make a motion?
COMMISSIONER COYLE: Motion is to see if there are
consulting organizations who would be willing to take on a cost
reduction and efficiency study in Collier County Government, that
portion that the Board of County Commissioners is responsible for, on
a contingency basis, that is, no payment for the study, and then the
Constitutional officers can make their own determination as to
whether they want to participate.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. Commissioner Coletta.
COMMISSIONER COLETTA: No. I'm sorry. I motioned
before he had, to state the whole motion. I thought he was going to
include an additional study, and I was going to say, we just got
through killing that. Okay. Go ahead. I appreciate what you came up
with.
COMMISSIONER COYLE: That was it. That was it.
CHAIRMAN FIALA: Okay. Any discussion?
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September 29, 2009
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: 4-1.
Okay. Now we move on to the time certain of three o'clock.
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: It's only 50 minutes late.
Item #1 OF
A PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS REGARDING THE COLLIER COUNTY
INTERSECTION SAFETY ORDINANCE (ORD. 2008-22) AND
RESULTANT USE OF RED LIGHT RUNNING CAMERAS FOR
ENFORCEMENT. PRESENTATION MADE BY BCC STAFF
FROM THE TRAFFIC OPERATIONS DEPARTMENT AND THE
COLLIER COUNTY SHERIFF'S OFFICE - MOTION FOR
COUNTY ATTORNEY TO BRING BACK A PROPOSED
AMENDMENT TO ORDINANCE WHICH INCLUDES A TIERED
PAYMENT SYSTEM - APPROVED
MR.OCHS: That's a presentation to the Board of County
Commissioners regarding the Collier County intersection safety
ordinance, ordinance number 2008-22, and resultant use of red light
running cameras for enforcement. Presentation--
CHAIRMAN FIALA: And we have nine speakers here.
MR.OCHS: Okay. This presentation will be made by BCC staff
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from the traffic operations department and the Collier County Sheriffs
Office.
Mr. Tipton will begin the presentation.
MR. TIPTON: Good afternoon, Commissioners. For the record,
Bob Tipton, director of traffic operations.
It's been accepted that we've had a red light running problem in
Collier County for some time. Previous efforts to diminish the red
light running in Collier County has been performed through the use of
the -- what we call the three E's by the county staff, the school district
staff, the Sheriffs personnel and such.
Those E's are education, being public awareness, working with
the citizens and the school groups; engineering, with signal timing,
roadway geometry improvements, changes in signing and marking;
and in the enforcement arena with the concentrated enforcement
details by the Sheriffs Office.
In the education realm we have public service announcements
that we've put out, we have community traffic safety teams that work
with the community to try to -- one of the issues is the red light
running that they work well with.
We have driver's education classes both through the schools with
the high school students, the insurance companies. The National
Highway Institute for Safety puts on the classes for the over-55
drivers. They all stress the stopping on red and the importance of this.
We have local proclamations to try to bring the awareness to the
people. National Stop on Red Week. Even today the commission
passed a proclamation for Walk to School Day, trying to make people
aware that there are children out there crossing the streets, to please
drive safely. Also there was a proclamation today for Put the Brakes
on Fatalities Day, to try to bring down the number of fatalities within
the county.
On the engineering part we began right off by setting all of the
yellow clearance intervals to the industry safety standards. These are
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put out by the International Institute for the Traffic Engineering.
It's a long formula that you figure. It's basically based on the
speed of the vehicles approaching an intersection, and it boils down to
approximately one second of yellow per each 10 mile per hour that the
vehicle is traveling.
This includes the time for the perception that the light is
changing, the time to react to it, to make the decision, do I have time
to go through it, should I stop, and then if the decision is made to stop,
to make -- bring the vehicle to a safe and non-panic-situation stop.
I will tell you that most of the traffic signals on the arterials in
Collier County, they're 45 miles per hour. There's about
four-and-a-half seconds of yellow as you're approaching that on the
through. If you're on the side streets, sometimes those are like 25
miles per hour. But there is a three-second minimum that can be
programmed into a traffic signal controller. It will not go below that.
If you try to go below that, it will either give you a default three
seconds or an error entry.
So anytime you're approaching, you see the yellow, you have a
three-second minimum if you're in a slow area. If you're going faster,
it goes all the way up to five-and-a-half and six seconds out on the --
U.S. 41 at some of those intersections.
The increased capacity we have tried to attain at the intersections
so that traffic can move through on one cycle. We have a lot of lefts,
a lot of rights. By doubling the number of lanes that are used for those
turns, we can get more people through, there's less incentive to run the
traffic signal. We've even got the triple lefts that we're starting to
install in some of the bigger intersections now.
And then we also have a constant ongoing signal retiming
program. This is designed to reduce the stops on the main line and to
reduce the delay for the drivers on the side street. Once again, to
delete the incentive to run a red right to make it better for them.
Today there was an agenda item on consent agenda. It's ajoint
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project with the FDOT to retime every signal on the state roads within
Collier County. That's going to be done within the next year. We also
have -- I just finished one on some of the arterials in the county, and
this winter we'll be using federal stimulus funding to approach the
retiming of intersections on the northern roads that were just recently
rebuilt, Immokalee, Vanderbilt Drive, and such.
And enforcement. They've done a number of things, but of note
is, they will go out and do weeklong enforcement programs during the
Stop on Red Week. They will go out to high concentration areas
where there is -- they know there to be a lot of violations, they will
concentrate on those areas with a massive approach, and they
coordinate with the national campaigns to take advantage of that so
that it's a national awareness of such.
Even with these measures, there was a need identified to provide
better enforcement efforts and more efficiently, because as we all
know, every section of government now has diminishing resources.
We're trying to do more with less. The best option was identified as
being the use of photo enforcement.
The proposed ordinance was prepared by the County Attorney's
Office and the Collier County Sheriffs Office. It was brought to the
Board of County Commissioners on April 22nd and approved by the
board.
The Intersection Safety Ordinance, is the exact title of it, covers a
number of things. It created a county ordinance against red light
running similar to the state law, and it defined violations to be the
same as used in the state statutes. The Florida Statutes define what
has to be done at a red light. We use the same terminology in that.
Approve the use of camera enforcement with each violation
being reviewed by a law enforcement officer from the Sheriffs Office.
The violations are sent to the owner of the vehicle because we are not
tracking the driver. We have no way of knowing who's driving their
car, but as the owner of the car, they are responsible for the actions of
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that car as far as Code Enforcement is allowed, the same as if they
were parking in a handicap zone or parking in a no parking zone such
as that.
It provided for a $125 fine for each violation, which is the same
as the state statute if they were to get a ticket for violation of a state
law. And it provides for an appeals process if they feel that it's -- that
they should not have this violation against them, they can go through
the enforcement of the special magistrates hearings. There is a charge
for that if they were to lose a case. If they win their case, then both
the violation and the charge for the magistrate's office is dispensed.
The traffic control signal devices as listed in Florida Statutes
Chapter 316 pretty well says it rather simply, but the first line and a
half says it all. Vehicular traffic facing a steady red signal shall stop
before entering the crosswalk on the near side of the intersection.
The photo enforcement program, the request for proposals for the
equipment and citation processing services, was issued by -- on
September 26th, 2008 with traffic operations being the department in
charge of procuring the services.
Six vendors submitted proposals, and the selection one was won
by the American Traffic Solutions, which is commonly referred to as
A TS. A contract came to the board, was approved, and was signed on
February 10, 2009. The first camera was installed and placed into use
on April 1, 2009, which started a 60-day mandatory warning-only
phase, which was required by the ordinance. The first citation was
actually issued on the 61 st day, which was May 31, 2009.
Contract calls for 12 cameras to be installed in the first year. Ten
cameras currently are in use. Two cameras are erected on polls
waiting for FPL power connection, and there are 12 additional
cameras to be installed during the second year. And when we say
cameras, we mean an approach. If we were to put a camera on every
approach at each intersection, that would be four cameras per
intersection.
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During -- these are the violations to date. During the 60-day
warning period, signs were installed throughout the county at every
entrance, even getting off the interstate notifying people that Collier
County is a photo enforcement area.
They were also installed at the locations where the cameras are
so that even if you didn't see those signs approaching the intersection,
you will see a sign that it is photo enforced. The implementation was
certainly well covered by all of the media.
As of to date -- well, in April and May the warnings were issued,
starting in June we had two cameras working in June and July. You
can see from June to July we dropped 100 citations per month there.
In August we brought an additional seven cameras online, and it
jumped considerably. And then in September, now we have ten
cameras, and even though we've added another camera since last
month, it's gone down to about half of what it was last month. Total
citations for the year, 5,676.
Look at the citations issued by location, it's interesting because
you can see how at each location it starts out at one number. Some
large numbers, some smaller, but decreases as you go through the
year. We expect this trend to continue. Of course, if it were a perfect
world, they would all go away. But we think that they will diminish
considerably.
You'll also notice that there's a high number at several locations,
and these high numbers of violations are from the right turn on red
movement at the location.
The Florida Drivers' Manual, which is handed out in the schools
during drivers ed. and also at the driver's license offices when people
come to get a license, these are the booklets they are given to study.
And if you look under section 4.1, traffic signals, it explains how
traffic signals work in the State of Florida by Florida law. I've taken
the liberty to highlight in red a couple of sentences here. One is easily
understood. Stop on a stop line if your car is nearest the signal. And
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in the second section it says, at most intersections, after stopping, you
may turn right on red if the way is clear.
Apparently many people fail to understand the importance of this
part of stopping before turning right, apparent by the large number of
violations that are being received at these intersections. But it's
important for people to understand that when you're approaching an
intersection, even if you're making a right turn, if you have a red
signal, there are at least five other movements within that intersection
that are in conflict with you, that at least one of them is sure to have
the right-of-way.
If you pull into the crosswalk -- I don't know if that shows up --
the crosswalk here, you're going to have possibly pedestrians,
bicyclists coming from the left, and may not even be visible if there
are cars and trucks in these other lanes. If you're up here moving, you
may not see them in time. You will have pedestrians stepping off the
curb often or bicycles coming off here.
These are in direct path, and they have the right-of-way. If you
have the red, you do not have the right-of-way.
Even after clearing the crosswalk, then you have the three
vehicular movements. You have, of course, people coming from the
left. That's where most people look. They look to the left to see if
there's a car coming, and that's it. But you may have traffic coming
from across the street making the left turn. And quite often, now that
we are using the U-Turn more in this county because of access
management, you'll have a U-Turn movement coming at you there.
And I think everyone has experienced making a U-Turn and having
someone making a right on red interfere with their turn.
Now, when you come up to, you've got five movements there
that's in a field of about 180 degrees. And if you're moving, especially
10, 15 miles an hour through there, it is not possible to safely swivel
your head back and forth and check all five of those movements the
way that you should be. That's why you need to stop, then check,
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make sure those movements are clear, and then proceed.
Some people would ask us to have a yield condition. And this is
why you can't do that. You can't do -- you can't make those checks
while you're moving. We do have yield conditions at some of the
newer intersections. One of the best examples I can think of is Santa
Barbara Boulevard at Golden Gate Parkway. All four right-turn lanes
are a yield condition, but it's a special geometry that's set up at the
intersection so that when you're in the right turn lane and you're
approaching, you're looking at this crosswalk, you can see these
people. If they're in the crosswalk, you know they're there and you
can yield to them. You're not going to have anyone coming out from
someplace where you can't see.
Then once you make the turn, you're in the merge lane, and
you've got people on your left. You're not 180 degree anymore, and
you can merge in using either your left turn mirror -- I mean your left
mirror or just looking over your shoulder. Makes a much safer
condition, and that's why we allow the yield condition at those
intersections.
A few red light running crash statistics. In 2007 in Collier
County there were 132 red light running crashes. Forty-three of those
involving a right turn on red, or roughly one-third of the instances.
In the three years that we went through our records, 2006, '07,
and '08 in Collier County, there were 142 crashes involving a right
turn on red; 29 of those were bicycle/pedestrian crashes. Four
pedestrians, 25 bicycles were hit by red-light runners making the right
turn on red resulting in 19 injuries. A pedestrian or a bicyclist has no
chance against a car.
Then there were also 113 vehicular crashes caused by right turn
on red runners, resulting in five injuries and, amazing, almost half a
million dollars in property damage from that maneuver.
To date the results, the program appears to be working.
Violations are going down at each intersection as enforcement
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becomes apparent. Behavior is being modified. And people I've
talked to, it's not just behavior at the intersections where the cameras
are. It's the behavior everywhere. People are stopping and proceeding
with caution at places where we would never even imagine putting a
camera, but they're getting into a mode that they were originally
trained in and they're going back to it.
It's increased safety for the bicycles and the pedestrians that have
to cross those streets, and that's increased safety for the other vehicular
movements.
And obviously we need to observe for a year to get the really
good data on something like this, but a few things have already come
to light. We need better coverage of the left turns. We're not getting
the coverage on the left turns that we would like to get. We're
working with the vendor, and that will be corrected in the very near
future by additional equipment being installed.
And if need be, we're going to be going out and putting more
signs up, but not just at the locations with cameras. They'll be at
locations without cameras. So just because you see the sign, it doesn't
mean you're having your picture taken or not, but it's just to remind
people of the law of the driver's manual, of the old adage, stop on red,
you know, right turn on red after stopping.
And with that, thank you for your time, your attention. If you
have any questions for me -- or Sheriff Rambosk is here to answer any
questions that you might have of him, and we also have the regional
representative for our red light running vendor.
CHAIRMAN FIALA: Well, we weren't going to ask any
questions right now, but if you'd like to say something, Kevin. First
we would hear from the speakers. We have nine.
SHERIFF RAMBOSK: Sure, sure. I'll-- if you wouldn't mind,
I'll give you some information, and then we'll listen to our speakers.
Good afternoon. Kevin Rambosk, Sheriff of Collier County.
What led us to even consider such a program in Collier County?
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Well, I can tell you over the last three to four years, we have met with
our homeowners associations. And as you know, we have several
hundred of them. And out of those meetings, we had requests from
our residents in Collier County to provide for more enforcement of red
light running violations.
As an organization, we certainly increased our efforts from a law
enforcement perspective but also started to research what was going
on at the state level because there has been, the last several years,
some legislation that has been proposed there, and also finding at that
time that there was a local option to request you as the county
commission to consider a local ordinance for providing authority to
install and operate red light cameras.
Having looked at that both internally in our organization, the
requests from the public, and the two legal staffs, we made a proposal
to you to consider reviewing this and implementing it last year.
That proposal didn't make any changes to the existing state law
with regard to our regulation to stop for red lights and how we
proceed. It was merely done as an enhancement for one thing, to
provide additional safety to the residents of Collier County, periods.
Safety to the residents.
Director Tipton did a fabulous job over-viewing where we came
from, where we're going to. And clearly, but unfortunately, we've
validated what our residents have told us in the past.
So when we came before you, we asked a few things. We
wanted the goal of reducing violations. Significantly, with the
information you've been provided, that is occurring.
We actually wanted to prevent crashes. And our crash statistics
in Collier County continue to reduce, and that is from the efforts of
our drivers, our residents, who want a safer community, and certainly
we want to save lives and reduce injuries and accidents.
I think specifically there were a number of questions that were
asked when we were reviewing this. One is, how could we eliminate
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abuses in the system so that this photo enforcement system would not
be used incorrectly? And we looked at how we did that, and one was
having each and every incident reviewed by a law enforcement deputy
who has the ability to discern whether a violation has been committed
or not, to make sure to work with the engineering department and the
provider so that there was no question about who was violating a red
light, no question about, it was almost red, it was on its way to being
red. We only wanted those who entered the intersection on a red light,
period, and nothing else, and that has been successful.
You wanted an appeal process so that people had an opportunity
to say, you know, I think I entered that on a yellow signal. I had some
other concern. There was an emergency vehicle behind me. And
certainly, we supported that because we wanted to ensure that only
those who entered improperly an intersection are cited. That's what
we do with all of our traffic enforcement.
Unfortunately, we confirmed the problem we had, but we also
found another one, and that was that while we were getting a lot more
compliance overall, we seemed to have an inordinate amount of right
turn violations, and I think that, for law enforcement and for
engineering, prompted a question as to, how do we reduce that?
Because as you can see, the number of incidents and accidents for
right turn on reds -- and we have a responsibility to do that.
So I think our question is, how do we continue to correct not only
the left turn and the straight through on red, but all movements on red,
including the right turn? And we know we need to do some work
there.
So we need to look at yet more information. The Sheriffs Office
was already working on a plan to provide information to our seasonal
residents who are coming back who may not be aware of what has
been installed in Collier County, working together with your staff to
be able to do that so that everybody is reminded, one, of the law and,
two, that we may get reminded not only through a law enforcement
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officer, but a red light camera as well.
We need, I believe, to look at engineering, and there have been a
couple of ideas that have been out there, and I know that you-all have
some, and I'll leave them for you to discuss, but certainly the
engineering aspects of maybe more green arrows for longer periods of
time or installed where there aren't any now that would help to reduce
but safely allow people to continue into an intersection without
stopping.
Certainly signage and whatever we can do to make sure that
people are aware and safe when they enter their intersections.
Obviously continued enforcement.
But the bottom line, I think, is, I, like you, believe in the residents
of Collier County and that they want to make this the safest
community they possibly can, and we need to work together with
them, and I believe we can continue to make this safer, reduce our
crashes, and provide what we had originally intended for you and for
our residents.
Thank you.
CHAIRMAN FIALA: Sue, would you call our speakers, please.
MS. FILSON: Yes, ma'am, and I have 10 now.
CHAIRMAN FIALA: Okay. No more speakers.
MS. FILSON: Gina Downs. She'll be followed by Joe Bonness.
MS. DOWNS: This is very brief. This is a map of the United
States, obviously, and where red light cameras are currently situated.
It's either 41 or 42 states that have addressed legislation concerning
red lights.
This is Florida. One hundred sixty-four red light cameras
currently in Florida at the time of that slide. Fines range from $75 to
$185 for red light running in Florida.
Citizens Transportation Coalition, who I'm representing, is still
amassing information. We have not taken a position on this yet.
We've been sending a lot of questions and concerns to both the
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Sheriff s Department and Department of Transportation.
One of the concerns when we're looking at material nationwide is
there have been two charges in two different states that went to court
and won alleging that the companies that put in the cameras have
incrementally decreased the amount of time that the yellow lights
maintain the yellow. So I think it's proper to address that and ensure
the residents that, I think Bob said, a three-second minimum.
Whatever the minimum is, I think it would be helpful to guarantee
that.
The second issue is the definition of stop, as ridiculous as that
sounds. There's such a variety of definitions out there ranging from
halting forward motion, and in some states they define an amount of
time, X number of seconds.
Also, where exactly is a stop? Some states will give a ticket if
your bumper has crossed the stop bar. Others say the tires cannot
across the stop bar. I think citizens just deserve a detailed explanation
of the behavior that's expected.
We keep hearing that when these tickets are reviewed that they're
being very lenient. Well, leniency is not a policy. I think a definite
policy needs to be addressed.
Timely notification. Nationwide people are complaining it takes
up to six weeks to get these tickets. I think if you are truly interested
in behavior modification, our suggestion, I think, will be as soon as a
light tags a license tag, as soon as that corporation matches that tag
number up to an address, why can't a postcard be sent to that driver
immediately simply saying you were flagged, here's the location, the
time. You mayor may not receive a ticket. But this is advanced
warning that you were flagged. That's going to change a lot of driving
behavior in Florida.
The last two are kind of related. This came up, I believe, in
Lakeland, but it's happening nationwide. There's a question of
compliance with Florida records. These cameras tend to rotate over in
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30 or 60 days and they tape over what has been taped, and that's being
challenged in courts.
And last, you need a defined rental car policy that I don't think
you have yet.
Citizens transportation --
CHAIRMAN FIALA: Thank you, Gina.
MS. DOWNS: Okay. We're having a workshop ifpeople are
interested in it.
CHAIRMAN FIALA: Thank you. Can you -- yes? That's the
workshop, October 5th at nine a.m.?
MS. DOWNS: That I gave you. We have a--
CHAIRMAN FIALA: Where?
MS. DOWNS: We have a new tab. It will be at Villages of
Emerald Bay. If you go to our website, we have a red light camera tab
full of information.
CHAIRMAN FIALA: Okay.
MS. DOWNS: Thank you.
CHAIRMAN FIALA: Thank you.
MS. FILSON: The next speaker is Joe Bonness. He'll be
followed by Marjorie Burnham.
MR. BONNESS: I thank you, Commissioners, for the
opportunity to be able to speak about this subject.
I get hit from both directions on this one. I've got -- own basically
and operate about 200 trucks and vehicles that run back and forth right
in the midst of all of these traffic lights. And I've got to congratulate
you on what your efforts are doing.
I'm seeing a definite modification in their behavior, and I'm very
proud to see that I've only had one of my -- one of my vehicles run
into a violation, and that person is going to modify their behavior on
it.
I am also a bicyclist and a walker, and I'll tell you, the way that
the right-hand turn on red has been handled by our traffic over the
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years is just, from a pedestrian and bicyclist standpoint, it is just a
continuous threat. You're always on the firing line.
I've got one particular sidewalk at Naples Boulevard that I go
through. I have to be watching the eyes and trying to get the attention
so badly of the drivers coming through. I know they're not going to
stop unless they see me, and they're not looking in my direction. I
have to -- I've at times run into the intersection after the light has
changed because I've got to watch them so clearly as to what they're
going to do -- are they going to run me over -- that I miss what's going
on with everything. I can't pay that much attention to all the five
different places that somebody's going to come at me when I'm at a
sidewalk.
You know, if I'm crossing at a green light on a bicycle running
across the intersection, it's almost more deadly for me at times because
of the that right-hand turn that doesn't stop on the red coming through.
I've had many, many close calls on that.
And I really have to applaud our efforts at this point to be able to
bring people back into the proper modes with the -- with the
ordinances that are out there and to get them back in. I really think
that this is a great system. And after seeing Bob Tipton's figures there
as to the modification of behavior, it is definitely working. And I'd
like you to pursue this as much as you can.
Thank you.
MS. FILSON: The next speaker is Marjorie Burnham.
COMMISSIONER COYLE: Joe.
MR. BONNESS: Yes.
COMMISSIONER COYLE: Does the right turn on red stop
apply to bicycles, too?
MR. BONNESS: Yes, it does.
COMMISSIONER COYLE: Good. Thank you.
MR. BONNESS: Yeah.
MS. FILSON: Marjorie? She'll by followed by Maria Ortega.
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MS. BURNHAM: Hi. I'm the other driver in the red light game
that Naples Daily News put online. And I just wanted to say that I've
been listening to the media regarding the red light (sic) on red
controversy, and I've heard many people say, the reason these lights
were installed was to make our intersections more safe. And I agree
that anything that would make our intersections more safe is definitely
a good thing.
However, when I received my citation, I immediately went
online and looked at my photos and saw my video, and I stopped not
once but twice. Once on the required line and again I proceeded
forward to make a legal, safe right turn on red before I proceeded into
the intersection.
And so I called the number that I have to call, and I said, you
know, this is my observation. And she said that, yes, I did stop, but I
was on the wrong line. I went back and I looked again, and sure
enough I stopped twice, once at the right line, again before entering
the intersection.
So I went to my hearing, and it was determined that I would be
required to pay the original 125 plus the $50, so it's $175 for
something I really felt that I did not do. My feeling is that this citation
is administered, or this ordinance is administered arbitrarily, and in
my case it was not fair. And I respectfully ask my citation to be
dismissed. Thank you.
COMMISSIONER HENNING: What's your name, again?
MS. BURNHAM: Marjorie Burnham.
MS. FILSON: The next speaker is Maria Ortega. She'll be
followed by Lisa Me Garraty .
MS. ORTEGA: Hi, thank you. I was making a right turn on
Vanderbilt Road going into 41, which is -- from looking at this
presentation that we just saw right now, last month, August 29th.
There was over 3,000, I believe, 700, in that list that I fall into.
So the reason that I'm here is because when I was trying to make
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the right turn, it was evening. And as I made -- as I was getting close
to the intersection, I saw a flash behind me. I didn't know that it was a
camera or anything like that, and it actually made me go faster to
make the right thinking that it was a vehicle, that it was an ambulance
or something like that. I didn't realize that it was not.
So a few days later I'm coming from the south going north on 41,
and I saw the flash from the other direction, and that's when I got it,
that it was a camera. About two weeks later then I got the citation.
And then I said, oh, my God, that's what it was.
So my only point in coming here is to let you know that that
camera -- for one, I didn't realize that it was so many, you know,
people going through that light. Perhaps there's something wrong with
that particular camera, now that I am here. But the original reason that
I came here is to let you know that that flash did cause me to get
startled, and I made that right actually much faster than I would have
wanted to.
But -- so that could be a problem, a technical problem. Thank
you.
MS. FILSON: Next speaker is Lisa McGarraty. She'll be
followed by Sean Critcher.
MS. McGARRATY: Madam Chairperson, Board of County
Commissioners, public, I'm Dr. Lisa McGarraty from Edison State
College. I'm a professor of chemistry, and I teach my students about
the law of conservation of energy. I also live by that law. I bicycle to
work four miles one way, eight miles round trip every day for 17
years.
I'm one of Mr. Tipton's statistics. I've been hit by right-turn red
light runners twice. Broken bones, twice. Two boning helmets. I
think I personally keep the business The Bicycle Route in business, in
good business, because of all the times I or my bicycle has been hit by
right turn on red runners. Constantly. Sometimes I have to jump off
the bike and let the bike go.
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I would -- I would say on average about once a week I have to
evade an accident. Just Friday somebody was turning right on red. I
had the right-of-way, I had the green light. That person just blew past
me. I had to make a left turn into oncoming traffic. Fortunately the
car behind saw it happen and stopped and gave me the clearance to get
back to a safe place. This happens weekly for me.
You know, I've bought extra life insurance. And it sort of
frightens me to think I'm worth more dead than alive, you know. I
don't know what to tell you. Thank you to the Sheriffs Office officers
and the county for this -- these cameras because I think it is changing
behavior.
But I want to tell you, these right turn on red people, about a
month ago I had one where a woman -- I mean, the one Friday was
about 18 inches, which I consider close but not that close, 18 inches.
The one a month ago was probably 4 inches. Woman almost hit
me. I caught up to her. I'm not a road rage person. I just yelled to
her, you almost hit me. She holds up her cell phone and sort of shrugs
her shoulders. Like I'm supposed to say, oh, okay. I see. That's why
you almost hit me. You were distracted. Oh, okay. Then that's all
right. I understand. I don't understand broken bones later. I don't
understand.
I'm also a marathon runner. I bicycle, you know, miles and miles
every week. And I've got to tell you, the people turning right on red,
oftentimes they do go into the crosswalk. So now I'm stuck with,
okay, I have the right-of-way. Do I go and play out in traffic to try to
go in front of their vehicle or do I go behind their vehicle and become
an Oreo cookie middle sandwiched between the cars?
It's really a dilemma. I don't think Joe Bonness was exaggerating
one bit, and I am not. I mean, broken bones later. I'm telling you, it's
-- it's very difficult to ride a bike in this community.
Thank you.
CHAIRMAN FIALA: The next speaker is Sean Critcher. He'll
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be followed by Sandra Martin.
MR. CRITCHER: Good afternoon, ladies and gentlemen. I am
also a professor at Edison State College. And as you can tell, I'm
blind, so I do have to walk and use the CAT system, and I'm
constantly in the intersections wherever I go. And I can't tell you how
many people that I've probably come close to denting their car
because they do come into the crosswalks where I'm trying to walk.
I'm not going to see them until I go, clank, and then they get really
pissed off because I hit their car. And I'm just like, hello, I'm the blind
one. Remember the stick? That's what this thing means, and you're
the one who has a license to drive in this state and you're in my way,
and they just don't seem to get it.
I appreciate anything that the Collier County Sheriff can do. I
appreciate the support of the county commissioners, that we have the
cameras in line. I know it's not a perfect system. Unfortunately, no
system is perfect, and that's why it's really important, as they
mentioned earlier, that they do have the appeal process. And of
course, that's not going to be perfect either. We've all -- I mean, I used
to drive before my vision got really, really bad, about five years ago. I
used to drive. And we've all paid citations that we felt, you know, we
shouldn't have had to pay. And yes, it's irritating when you have to
write the check, but, you know, that's one of the costs of doing
business and driving.
But I just ask for whatever support that you can give to keep the
people that are trying to turn right on red to do it legally and to stop
well before they really are in the -- in my way. Because as I said, with
this thing, they really don't like it when I tap on their car very much.
Thank you. Have a good day.
MS. FILSON: The next speaker is Sandra Martin. She'll be
followed by Stacy Revay.
MS. MARTIN: Hi, everyone. My name is Sandra Martin, and I
am here to represent the visually impaired here in Collier. I'm totally
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blind. And this is my lovely guide dog, Anna. And no, I don't drive,
but I do -- I do maneuver my guide dog, you know, and I walk around
quite a bit. And we do have a problem here as far as safety's
concerned for people here in Collier County.
I realize that you guys are doing all that you can, and I certainly
can't go out there and tell you, you know, which is the right or the left,
which way to go, but what I can say is, please, when you see people,
pedestrians, dogs -- because sometimes they're leading their masters --
slow down, take caution.
We would like to be out there walking. I work for a living. I'm
totally blind and I work for a living. I have to walk to different places.
That's just the way it is. And thank you, the Sheriffs Department,
everyone, for doing the wonderful job that you're doing, but there is a
lot of room for a lot of improvement.
And one thing, I know I can sit here and talk forever about it, but
we do need beepers at the lights so that I can hear which -- you know,
when it's time to cross -- be able to cross it, okay?
Thank you.
MS. FILSON: The next speaker is Stacy Revacy -- Revay, I'm
sorry. She'll be followed by David Weigel, who I think left. Next will
be Ann Marie O'Neil.
MS. REV A Y: Thank you, Commissioners. Name is Stacy
Revay, and I'm from the Collier County Health Department. And our
-- the Collier County Health Department's mission is to promote,
protect, and improve the health of all people in Collier County. And
their vision is a health -- our vision is a healthier future for the people
of Florida, and that's what we're -- and that's what we're here for.
So we are so thankful and grateful from (sic) the Sheriffs Office
and for you to be putting up the red light cameras.
Also, Florida is number one, and they're number one in cyclists
and pedestrian fatalities in the nation. A hundred -- in 2007, 178
bicycle/ped crashes resulted in 91 injuries and five fatalities just in
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Collier County. That's a lot of people being hit by cars and vehicles.
And also, if you'll remember, back to September 22, 2009, an
eight-year-old boy was killed in Lehigh Acres -- I know it's a different
county -- at a bus stop at 3 :29 p.m., and he died on September 26th.
Seventeen months earlier, a 21-year-old man died in March of
2008 because of driving too fast on a road that was marked 45 miles
per hour, and he was going 70 miles an hour on that road -- or 70
miles per hour in a 35 zone.
Also, that same road in Lehigh Acres, a 19-year-old girl, a
student, was struck and killed by a truck early in the morning while
walking to her school bus.
So this morning I was here to -- as a -- helping with the
community traffic and safety team. I'm receiving a proclamation for
Walk to School Day, so it is so important to create a safe environment
for our kids to walk and bicycle, and adults, to school and any other
activity, working, shopping, anything else.
And that's all I have to say about that. Thank you.
MS. FILSON: Your final speaker is Ann Marie O'Neil.
MS. O'NEIL: Hi. I'm Ann Marie O'Neil, and I'm a little bit on
the other side of the coin, not -- not from the standpoint of a safety
issue because I think -- you know, I think that's extremely important.
But I'm disappointed in the lack of the human component with
cameras. I've received two tickets. One of them -- I'm sure I was
guilty on both of them. One of them I was crawling very carefully
through the light, thinking that I was being a safe driver, but I didn't
stop. So I know -- and I've paid that fine.
The second one I did stop. And I guess -- you know, and I do
think it has modified behavior that we're all stopping at the line now.
But I just -- you know, I think -- I don't know if an officer would have
stopped me. I didn't stop before I pulled out into the intersection.
I think that the line is so far back that you really don't have the
visibility, so I think, you know, it was wrong for not stopping at the
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line, but to be able to see, you know, we have to proceed ahead.
So I'm disappointed in that, and I'm also disappointed in the
timeliness of the warnings, because I had -- I got -- I may not have
done the second error if I had received the first ticket, or the second
ticket in -- what am I trying to say? I got two tickets without
knowing, you know, when I got the first ticket. I got another one
before I received the notification. But anyway.
So I guess basically I'm disappointed with the lack of the -- not
having a police officer there and the notification. Thank you.
CHAIRMAN FIALA: Thank you. Now, folks, we're going to
take a ten-minute break, and give our stenographer just a little bit of
rest for her fingers, and we'll be back to deliberate on this one.
COMMISSIONER COLETTA: Till about ten clock tonight.
(A brief recess was had.)
CHAIRMAN FIALA: Oh, look who's back.
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Thank you.
Commissioners, let me -- let me just say, we're going to stay with
this until we finish this whole agenda. Hopefully we do this and we
finish before 11 o'clock tonight, but if we don't, we'll just stay.
So I just wanted you-all to know. And anybody who would like
to stay in this audience and keep us company, we'd love to have you
stay with us.
COMMISSIONER COYLE: This is talk-till-you-drop night.
CHAIRMAN FIALA: And now, after the presentations we have
Commissioner Coletta.
COMMISSIONER COLETTA: Whoa, boy. This has been one
amazing day. I mean, so many -- so many subjects that have so much
detail to them.
Well, get right to it. The reason why I asked for us to take a look
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at this red light camera issue again wasn't because I doubt the safety
aspects of it and the positive benefits that come from it. The reason I
asked for it to be brought back is because I felt like I was a little bit
blind-sided along with the public regarding what we could expect as
far as the violations go.
I think if the public was a little bit more aware that the 90-some
percent of all the violations have been right-hand turns, possibly
through the presentations that were made, they would have become
more aware of what was taking place and we -- they would have been
more aware of what was happening, but they just didn't realize it.
I mean, the only thing we talked about during the original
presentations was the severity of the T -bone crashes and the injuries
that come from them. And I grant you, the red light -- the turns on
red, the illegal turns on red are serious issues, but we didn't discuss
them.
And when the public started coming to me with their concerns, it
was very difficult for me to answer their questions. So I brought it up
to the commission under comments at the last meeting, and this item
came back to us for review.
Now, this item is also scheduled to come back again. We're at
our three-month anniversary on it coming up shortly. It's going to
come back again in another three months. It's supposed to be
reviewed again at six months and again at a year.
I can almost tell you what's going to happen, even though we
have fallen off now as far as the amount of violations. There's going
to be a renewed spike with the new people coming down here. I think
they call it fresh meat in the business. And at that point in time that
they become educated, it will fall off again. And I think over a period
of time we're going to see this thing diminish to a point that it's going
to be just the background noise for us. But right now we have to deal
with the public comments and the public concern.
Now, there's one issue that we really need to deal with, and that's
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that issue of health, safety, and welfare. And does not have to do
anything with a money-making scheme by the county. This is not an
endless amount of money that can come into the county commission
from another source. Well, we keep saying that, but I don't think that
is quite on target.
And if -- I'd like to direct the question to transportation, whoever
keeps the kitty on this, how much money is in the pot right now after
we have paid the vendor for his share of the fines? How much
money's in that pot right now that's sitting there for the county at some
point in time to apply to some useful purpose?
COMMISSIONER COYLE: Good, yes.
MR. FEDER: For the record, Norman Feder, transportation
administrator. From what I am aware of -- I apologize.
CHAIRMAN FIALA: Let me stop you there. Do you notice --
how many other people have a Jim Mudd tie on? Stand up those with
the Jim Mudd Christmas ties.
COMMISSIONER COLETTA: Well, not Christmas.
CHAIRMAN FIALA: Well, Jim Mudd ties.
MR. FEDER: And how many of them didn't have the bell and
whistle? Sorry about that. I'll hold it here and maybe I won't get hit.
There's about $200,000, we understand right now, in the clerk's
coffers. Those funds, though, aren't going anywhere until this board
decides when and how to utilize them, and I think there's a need for a
very strong nexus for how those funds get used, and that's obviously to
the board's decision.
COMMISSIONER COLETTA: Right. And I agree with you,
Mr. Feder. Such issues as, you know, we haven't -- we pulled an
ambulance out of service. It might be used for that. It might be used
to be able to supplement the trauma center. The trauma center does
receive money from red light fines. In fact that's -- I serve on the
board, along with Tammy Hall from Lee County, the advisory board
for the trauma center. And they were opposed to the red light cameras
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initially. They gave some different reasons. They said because of the
rear-end collisions when people stop. That turned out to be a
falsehood.
But the truth of the matter is, they get a certain amount of
revenue directed their way, to the trauma centers. They don't get it
from our red light cameras.
We may want to think about that. That's down the road. Right
now what I want us to focus on is the fact that we are accumulating a
large amount of money in a troubled time when people are -- many of
our residents out there are having a hard time just putting the groceries
on the table much less pay $125 fine.
And I'm going to make some suggestions for discussion, and then
you people take it from there. One, with the marking of the
intersection, I think that's an excellent idea. I was going to make that
suggestion. I'm glad that's going forward. The public becomes aware
of the fact that this is an illegal type of turn, is less likely to do it.
Because the idea is to get compliance, not to be able to get fines.
Two, reduce the fine from the all-imposing $125 to $60 for the
first offense, $90 for the second offense, and then $125 for all offenses
after that.
Three, refund back to the violators $65. And the reason for this,
too, has to do with the fact that we did not give a complete
presentation, we didn't represent the product accurately when it came
before us the first time -- $65 back to the first offenders that have
already paid the fines.
Four, that the deputies exercise the same judgment call on the
violations as they would if they were standing there at the time that
they took place. And from what I understand from the Sheriff s
Department, they're doing just that. But I -- and they need to keep that
in mind.
The other thing that I -- we need to be cognizant off is the fact
that if you want to -- trust this. If you have an issue such as the lady
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that came before us with the light flashing in the background, thought
it was an emergency vehicle and pulled forward, you go to the hearing
officer and you have the ability to be able to be heard. But here's the
rub, you have to pay $50 for that right if you lose.
So what I propose is that we come up with some sort of white
paper, something we can put on our web page, something that can be
handed out to people when they want to file to be able to go before the
hearing officer that will explain in great detail what a violation is, how
it's judged, how it occurs, so that person, one, doesn't have to take off
of work if it's not necessary and if there's a clear case of negligence on
their part.
And, two, they don't spend $50 more than they have already
spent on top of the fine that already exists that -- and that's where we
are at this point in time.
Other than that, when I -- originally when this program came
forward I voted against it because I was concerned about rear-end
collisions. I couldn't get the answers. But I can tell you after
everything I've heard and all the research I've done, I totally support
this program, and I think we need to continue it, but we have to make
it be modified to something that's going to be for the public benefit.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I voted for this program, and I
think it's -- we're in the right direction.
I have some concerns when somebody tells me that we don't have
a problem and that, well, we should have maybe an officer at the
intersection.
I can relate to one incident back in June when I was on my way
to work, and I was traveling eastbound on Vanderbilt Beach Road, and
I was getting into the right-hand turn lane to head south onto U.S. 41.
In front of me, traveling eastbound also, was a blue Lexus, and I
believe it was a lady, young lady. Could have been a man with long
hair, too.
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Anyway, this -- the light was -- the light was green on U. S. 41,
and everybody was stopped except movement in the right-hand lane.
And this individual in this blue Lexus proceeded to go at a fairly good
rate of speed. And there was a young boy that was on the crosswalk,
and he was riding his bike, and he came about that close from getting
hit.
Now, somebody talks about $200,000 in the coffers here. If that
young boy would have been hit and had a head injury, chances are we
would have -- that $200,000 would look like peanuts.
And when I listen to people that come here and talk about where
their safety is challenged -- and these people have a handicap -- I've
got a real serious problem with that. And I think that everyone should
realize what the law is. If they've got a driver's license, they had to
take a test and they had to figure out what was going on.
Now, there was a statement about somebody getting two tickets
and basically made a statement that they felt that they had stopped.
Sheriff, does anybody in the Sheriffs (sic) have this particular
video?
SHERIFF RAMBOSK: Well, it sounds to me like it's a different
lady, but every incident is videotaped so they're reviewable.
COMMISSIONER HALAS: Could you show what -- an
example of maybe where people think they stopped? Do we have that
video available or not?
SHERIFF RAMBOSK: I don't know whether we have it loaded?
MR. MINCH: There's one loaded, but it's the other one, the lady
who's still sitting here.
COMMISSIONER HALAS: Okay, fine. I'd like to see it.
MR. MINCH: Okay. This is violationinfo.com, would be the
website where citizens go to to bring up this video. They type in their
notice number and the pin that was sent to them on their notice, and
this is exactly what they see. This is the same website. I'm using her
notice number and pin.
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Many of you have seen this one before. It will take a second to
load. This is the sheet they actually come to. You get all the pictures
and you get the video clip for it. And I can replay it. It's quick. You
get a 12-second clip.
CHAIRMAN FIALA: You have to hit play.
MR. MINCH: There you go. You see it come up right there.
Take a turn, slow, then go.
COMMISSIONER HENNING: But the intent was there.
COMMISSIONER COLETTA: Eventually she would have
stopped. Maybe when she got home.
MR. MINCH: That's what they look like, sir. Anybody want to
see that one again? And I will tell you, that one is the bottom end of
where you would -- where we've been giving a citation. It's worth it
because it does not stop it. It continues to go. And I'll point out that
as you see it, briefly, I hate to -- here. It should be stopped there, and
COMMISSIONER HALAS: Right there.
MR. MINCH: -- and then it should stop somewhere completely.
It gets close but it keeps going.
COMMISSIONER HALAS: That's a California stop I think they
call it.
MR. MINCH: Well, there's a lot a different towns, it's just not a
stop.
Is that enough, Commissioners?
COMMISSIONER HALAS: Thank you very much.
MR. MINCH: You're welcome.
COMMISSIONER HALAS: I think it's very -- as you can see, if
there was somebody in that crosswalk or somebody that was going to
walk off of that sidewalk, that this person obviously, if there was
somebody in there, would have been hit. So I feel that it's very
important to make sure that we address this issue.
As far as coming up with maybe a tiered system for tickets on
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this thing, I think maybe the first one ought to be 75 to $80, and then
the next one would be $125, and hopefully that people will have an
understanding that -- actually if they -- if they realize what the traffic
laws are -- and the traffic laws throughout the state -- in fact, all 48
states -- on red light, you have to stop prior to making a turn. And so
I'm not sure what the difficulty is here. It's just the idea that
everybody seems to be in a hurry and doesn't want to obey the traffic
laws.
I, myself, knew that this -- when we were talking about red turn
on right or, excuse me, violation of red lights, I pretty much knew that
this was probably an area that we were going to look at also.
One of the other areas that -- of main concern and, of course, is
the left turn on red. But as you can see, and as the people that came
before us that have some type of impairment, I believe that we have a
duty here as county commissioners to make sure that all citizens are
involved in health, safety, and welfare.
Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, if we're going to do any
modification to the citation, may I suggest that we cover your costs,
would be the first -- whatever it is, cover your costs of employees and
contractual stuff and everything.
And then the second one, I mean, really hammer it, or maybe not
hammer it -- really hammer it, but the third one, we ought to go for the
gusto.
COMMISSIONER COYLE: Five hundred bucks.
COMMISSIONER HENNING: Yeah, because, look, I'll tell
you, I went to -- I went out this intersection -- and, you know, it's very
busy to get out onto U. S. 41 -- and waiting there, and I was looking
left and it -- traffic was clearing up, and I just so happened to look
right, and there was a person on a bicycle, and it scared the day lights
out of me because, if I haven't (sic) done that, I would have proceeded
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and hit that person.
And doggone it, we need to get the message through. There's
more -- there's more to it than just people getting at their destination.
So people that can't afford vehicles or make a choice to ride a
bike or walk or something like that, then we need to protect them also.
So to put this issue to bed, if you -- if you want to change the
citation, I would suggest, if it's a lesson -- the first one should be a
lesson -- cover your cost, and the second one, it's not a lesson, you --
you know what, you messed up, so it should cost you more.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And, you know, I would
agree with you under most circumstances, but we've got some factors
here that exist out there. One, there's a two-week delay before a
citation is received. You know, it just takes a period of time for it to
go through the Sheriff s Department, it has to go all the way out to
Arizona, then it gets sent out by registered mail to the offender.
Number two, you do have more than one person driving the same
car and it's the owner of the car that gets the citation, not the person
that's driving it. So some cases, some families that are really having a
rough time right now might not have a chance to react under those
circumstances.
I think we're going in the right direction about the fact that we're
trying to say that this has nothing to do with trying to make money . It
has everything to do with public safety.
COMMISSIONER HENNING: You know, Commissioner, I
understand what you want to do. The bottom line, it's a law.
COMMISSIONER COLETTA: I understand it, Commissioner
Henning. But like you reminded me many times, when a person has
the floor, you don't interrupt because of the violation of ordinances.
Am I wrong?
COMMISSIONER COYLE: It's the law.
COMMISSIONER HALAS: It's the law.
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COMMISSIONER COLETTA: Yeah, it's the law. At first
violation, we're going to give you a warning.
COMMISSIONER HENNING: I'll get my checkbook out.
COMMISSIONER COLETTA: Okay, great. Let's go ahead and
give direction to the County Attorney to bring this back for us, and
then we can take a look at it. But let's weigh in on the rest of the
commission. I'm for coming up with a three-step way of doing it,
two-step way where, whether -- it should be. The $65 that I came up
with for the part there was to allow for the original costs and a little bit
more to cover unforeseen costs that we have at our end.
Now, I'd like to hear from my fellow commissioners.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Thank you very much.
Listen, we went through 60 days of just warnings. We gave
people an opportunity to adjust to this thing. It was advertised, and
when they ran through a red light, they didn't get a ticket. They've had
their probation period, okay?
Now, it is the law, and we all know what the law is, and if we get
caught in it, then we ought to pay the penalty, end of story.
Can you imagine the time and clerical work that we're going to
have to expend to go back through all of those citations and to refund
money? You're going to be refunding money to people who, perhaps,
were marginal, but you're also going to be refunding money to people
who are absolutely flagrant, and that simply isn't fair.
And we've gone through the probation period. I say we leave this
thing alone. And what we're seeing already is the offenses are trailing
off. So the number of offenses will decline, people won't have a
problem with this when they start complying with the law, and we're
all going to benefit. We'll have a safer community. There will be
fewer people getting fines, and everything's going to be okay.
So I say, leave it alone. We've established the rules. Let's go
with it.
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September 29, 2009
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: After I heard how well and how
eloquent you spoke on this, I have to go along with what
Commissioner Coy Ie has stated that, yes, we had a period when we let
everybody know what was going on. There were signs that were put
up.
So I guess I -- I'm going to go back on what I said as far as tiering
the things. I believe that we need to move forward on this, and we'll
see how this turns out in the next three months.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER HALAS: It's the law.
COMMISSIONER COLETTA: Okay. I'm going to make a
motion because I'm just not going to let this go away that easy. The
people I represent are suffering undue hardship in my district. And
the warning was great for those people that received the warning. The
people that received a ticket without receiving a warning before,
there's no justice in it.
We're right back to the fact that this is nothing more than a
money-making operation to enrich the county. That's what we're
.
saYIng.
I'm going to make a motion that we direct the County Attorney to
bring this back to us in the form of an amended ordinance whereby
we'll have the first fine reduced to a cost factor, which would be
whatever we have to pay the vendor plus whatever our handling cost
is, and the second would be the regular fine like Commissioner
Henning suggested rather than the two-step procedure, and that we
make a refund to the people that have already received this in
consideration of the fact, the way the economy is and the whole
program is bent upon one thing, and that's health, safety, and welfare,
and then that brings us back to where we need to be.
And I'm sure that people are going to be just as cognizant of what
they have to do with a fine that's about half that size for the first
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offense than they would be for $125, which is a tremendous hardship
on the people I represent.
CHAIRMAN FIALA: I'll second your motion. And one of the --
one of the other reasons is, we've just got our winter residents coming
back now who haven't been familiar with it. Not only that, we've got
our tourism -- tourists coming in. And you know, we're -- the Tourist
Development Council is just now making a huge push to start bringing
people in. They don't have any idea what's going on. To say,
welcome to Collier County, here's 125 bucks (sic), at least if there's an
effort, number one, to put signs up, number two, to at least, the first
time it's a warning. The vendor has to make $51 on each one of these
tickets, from what I understand -- so.
COMMISSIONER COLETTA: Well, I'm sorry. I didn't include
the wording in it for the simple reason, our contract with the vendor,
unless we cancel it totally or renegotiate it, if we make a warning, we
still have to pay the vendor.
CHAIRMAN FIALA: I see.
COMMISSIONER COLETTA: So I would -- I would leave it as
a cost factor.
CHAIRMAN FIALA: Okay. Well, I meant cost factor--
COMMISSIONER COLETTA: No, I wish we could do a
.
warnIng.
CHAIRMAN FIALA: Yeah, but a cost factor that's reduced for
the first time at something like a warning.
COMMISSIONER COLETTA: Right, and then back to the full
shot.
CHAIRMAN FIALA: Yeah. So I would agree with that. I'm
worried about tourism, because that's really an important thing here in
Collier County, and I -- and we don't want them rolling through. And
we don't want them committing --
COMMISSIONER COLETTA: Exactly.
CHAIRMAN FIALA: -- you know, violating the law. But this
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will also make them fully aware. And also, another thing that was
mentioned here today, putting signs up was number one. Number
two, getting the citations out faster so people are understanding what's
going on, you know, rather than wait six weeks. And number three,
knowing where to stop. One lady that was up here said she didn't
know any which -- which line to stop at, so we have to make that
clear. We have to make sure that our citizens, our residents, our
visitors, know which lines -- if there's three lines, which one is the
stop line. So, I mean, we should put an arrow that shows.
COMMISSIONER COLETTA: How about the last part I had,
for the hearing officer to be able to get the information out exactly
what a violation is so people don't needlessly take off from work --
CHAIRMAN FIALA: Right.
COMMISSIONER COLETTA: -- and spend $50?
CHAIRMAN FIALA: And lastly, keep the video long enough.
I've heard -- I've heard some statistics and complaints that they get rid
of these videos, and then people can't go back and challenge it because
the videos are already taped over. So I'm -- I'm saying all of these
things, but on -- but seconding your motion.
COMMISSIONER COLETTA: Yeah, Commissioner Henning, I
guess, is next.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, lieutenant mentioned -- I
thought, had a great suggestion as far as tiered suggestion, if you want
to go to that, and he might not even be a lieutenant anymore. It might
be colonel or something.
CHAIRMAN FIALA: Colonel. Yeah, Colonel Minch.
COMMISSIONER HENNING: Yeah, if you don't mind. And I
thought it was very reasonable.
MR. MINCH: It wasn't actually my idea; however, we went to
A ventura, the City of, which is in Broward County, when we looked
at the way to hold the hearings. We all went, Code Enforcement, the
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September 29, 2009
general magistrate, some members of the Sheriffs Office, to see what
it is they do.
And they have a tiered system there. They actually start at $125,
the second one is 250, and the third one is, a la Commissioner Coyle,
$500.
And their point is, the first one at 125 is your warning, because
from a police officer in this county, it's 237 and three points. The
second one, shame on you for getting two. And the third one, you're
not paying attention, $500.
So that was their tiered system. And we spoke -- because we
spoke of several different things. And if you wanted to do one, it
would be entirely possible to do one that would be neutral for us,
which is what Commissioner Coletta has spoken of today.
And then move up. But there's an infinite number of things you
can do. It's just the other cities around have chosen, many of them --
and you can speak to how many -- have chosen to do a tiered system
for exactly that reason. It's, you know, carrot stick.
CHAIRMAN FIALA: Lieutenant, what is --
MR. MINCH: Harold.
CHAIRMAN FIALA: Yeah, just plain old Harold.
MR. MINCH: For the record, Harold Minch for the Sheriffs
Office.
CHAIRMAN FIALA: And we'll call you Harold. Harold, I
represent -- 40 percent of the housing right here in East Naples is low
and very low income. Now say, for instance, one of those people gets
one of these tickets, and it's $125 and it's their first offense, and they
don't have $125, and they can't -- you know, they can't even scrape it
together in a month's time because they -- they're just very low
income. What happens to that person when they can't pay?
MR. MINCH: I think we're getting somewhere where that --
that's not really -- I hate to say it's not my business, but as the Sheriffs
Office, all we're really doing in this program, since it's not our
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September 29, 2009
program, is either accepting or rejecting the infractions or the
violations.
CHAIRMAN FIALA: Yeah, but I have to know what's going to
happen to the people when they can't -- do you throw them in jail?
MR. MINCH: No, ma'am, we do not. And again, we do -- Code
Enforcement decides what the penalties and the follow-up will be and
what the collections will be. That's not the Sheriffs Office
involvement. I don't want to speak out of turn or to something that's
actually not part of what the Sheriffs Office does in this program.
And all we do is either accept or reject and stand for probable
cause during the hearings. I didn't want to get ahead of -- we just had
a conversation, Commissioner Henning and I mentioned some other
possibilities.
CHAIRMAN FIALA: Do you know what happens to these
people?
MR. MUDD: Yes, ma'am. You lien -- you lien the property.
You lien their property based on fines.
CHAIRMAN FIALA: Okay. But they don't own any property.
They're just renting. Then what do you do?
COMMISSIONER COYLE: Deport them.
COMMISSIONER COLETTA: Turn them over to a collection
agency.
MR. MUDD: Bob?
MR. TIPTON: Yes, Commissioners.
CHAIRMAN FIALA: I mean, we should know these things.
MR. TIPTON: Ifpayment is not made and they own property
within the county, a lien would be placed against the property. If not,
then it would be turned over to collections. But here's the lady that
can answer.
MS. FLAGG: Diane Flagg, for the record.
First it's important to understand that with every citation that is
issued, the Sheriffs Office reviews it. If it's question, they don't issue
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September 29, 2009
a citation.
Then when the person comes in to pay their citation, we are
taking them to the video and letting them watch themselves run the
red light.
CHAIRMAN FIALA: Yes, but I mean -- I understand that.
MS. FLAGG: If -- if they still want a hearing, then we advise
them it's $50 for the hearing. Are you sure you don't want to watch
this video again?
At that point if they say, okay, well, I'm going to pay the citation
but I don't have the money, they're given a period of time to pay, I
believe it's 30 days, and then they go to a collection agency. It does
not go against their driver's license. They're not thrown in jail.
CHAIRMAN FIALA: So it goes to a collection agency, and now
the collection agency can't get it because, of course, they can't afford
it. Then what happens to those people?
MS. FLAGG: It stays with the collection agency.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, just get to wind this up so
we can move on for direction. I'm in favor --
COMMISSIONER COLETTA: Of three tier?
COMMISSIONER HENNING: Of the three tier, of covering
your cost, hey, you know, you know -- you knew better, kind of like
$150 the second time, and then throw the book at them the third time,
type thing, because, you know, we all make mistakes, but we also
have to be responsible, and it's the law. You should know it.
Right, Sue?
MS. FILSON: Uh-huh.
CHAIRMAN FIALA: So did we -- now when we say --
MS. FILSON: I didn't get a ticket.
CHAIRMAN FIALA: -- three tier and so -- you know, we're
going together on this. Do we know what the three tiers are, or does it
come back to us to --
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September 29, 2009
COMMISSIONER COLETTA: Let's let them come back with it.
You heard the discussion that's taken place.
MR. KLATZKOW: I'll get with the Sheriff, and we'll come back
on executive summary with a proposed amended ordinance.
The only issue I might have is with the refund. Since we've
already paid -- we've already paid the vendor money anyway, I don't
know how you do a refund without the county actually being out of
pocket.
COMMISSIONER HENNING: I'm not interested in a refund.
COMMISSIONER COLETTA: You're not?
COMMISSIONER COYLE: Absolute mess.
COMMISSIONER HALAS: No, no refund.
COMMISSIONER COYLE: Absolute mess.
MR. KLATZKOW: Okay. Then I will not address the refund
.
Issue.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: I'm disappointed, but I know the
vote won't carry if refunds are in it, but I thought it would be only fair
to those people out there that didn't have fair warning.
CHAIRMAN FIALA: Okay. We have a motion on the floor for
a three-tiered program that will come back to us and we can discuss
what the tiers are, and a second.
Commissioner Coyle?
COMMISSIONER COYLE: You're voting only on tiers now?
You're not talking about this means test to figure out if somebody can
really afford to pay this --
CHAIRMAN FIALA: No.
COMMISSIONER COYLE: -- as to whether or not you're going
to do anything, right?
CHAIRMAN FIALA: No. I just wanted to know what happens.
If I'm going to vote for something, I want to know what the results are
going to be, you know.
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September 29, 2009
COMMISSIONER COYLE: Okay. I--
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Well, the other thing I'm very
concerned about, I do not want to spend another hour or two hours
debating this issue at the next meeting. I would rather you just say -- I
mean, if you're going to have enough votes to do it, I'd rather you just
say, put it on the consent agenda and get it done. For goodness sakes,
don't go through this again, okay, because we're just wasting
everybody's time.
So, you know, I would appreciate it if you'd just tell the County
Attorney what you want, tell them to put it on the consent agenda at
the next meeting, and do it. Let's quit talking about this crazy thing.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Let's go.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: 3-2. Thank you very much.
Item #9C
DISCUSSION OF CLERK'S BUDGET - MOTION TO ACCEPT
MEDIATED SETTLEMENT AGREEMENT W/BUDGET TO BE
DISPERSED AS FOLLOWS: 2/12TH ON OCTOBER 1,2009 AND
1/11 TH OF THE REMAINDER TO BE PAID THEREAFTER IN
MONTHL Y INSTALLMENTS THROUGHOUT THE FISCAL -
APPROVED
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September 29, 2009
MR. OCHS: Commissioner, that takes us to your next time
certain, which is a four p.m. time-certain item. That's Item 9C. It's a
discussion of the budget. This item was placed on the agenda by
Commissioner Henning.
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: All the people in the back, if you want to
sit down, there's plenty of seats here.
COMMISSIONER HENNING: Yeah, I can't read the signs from
way back there.
CHAIRMAN FIALA: We can't -- we can't read your signs
anyway. We don't know what you're here for.
MS. FILSON: Commissioner Halas voted against that with you?
COMMISSIONER COYLE: Yes. He was the only other sane
one.
CHAIRMAN FIALA: Huh?
COMMISSIONER COYLE: I was just saying Commissioner
Halas was the only other sane one on that vote.
COMMISSIONER HENNING: Can I start now?
CHAIRMAN FIALA: What is this, 9C?
COMMISSIONER HENNING: Yeah. Can I start now?
CHAIRMAN FIALA: Yes, but just a second. So we have three
speakers on this and we'll --
MS. FILSON: Well, no. I keep getting speakers, so let me count
them.
CHAIRMAN FIALA: Okay. Now we're going to close the
speaker -- the speaker --
MS. FILSON: Five. I have five.
CHAIRMAN FIALA: We have five speakers, and we will not
take any more, and this is Item 9C.
Okay. Commissioner Henning, you brought this up, so --
COMMISSIONER HENNING: Yep, well, okay. I was just
waiting for you to recognize me.
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September 29, 2009
CHAIRMAN FIALA: I just did.
COMMISSIONER HENNING: Great, thank you.
Well, I think there was a -- the mediation settlement, there's only
four points to it. And I think -- it's my opinion there's a
misunderstanding on a lot of people's part of what the mediated
settlement states.
So Mr. Brock, I met with Mr. Brock, and the issue is, number
four -- you want a copy of this, or do you want me to read it?
CHAIRMAN FIALA: Is that this one that we've got?
COMMISSIONER HENNING: No.
COMMISSIONER COLETTA: I'm not sure what you --
CHAIRMAN FIALA: Let me see which -- I don't know.
COMMISSIONER HENNING: It's -- I don't know -- here.
CHAIRMAN FIALA: Which one is this? What are we talk- --
COMMISSIONER COLETTA: I guess it's this thing right here.
Pass them down.
CHAIRMAN FIALA: Oh, I saw that in something I had. Here.
COMMISSIONER COLETTA: Here we go.
CHAIRMAN FIALA: Oh, he's got plenty.
COMMISSIONER HENNING: Yeah. I got one more. But
anyways, it's --
CHAIRMAN FIALA: Pass that down.
COMMISSIONER HENNING: It goes back to the court cases,
and it goes back to the interest. The interest was the Clerk of the
Court's until the law was changed, and the law was changed -- Leo,
help me out here -- the law was changed July 1st?
MR.OCHS: That's correct, sir.
COMMISSIONER HENNING: Correct. So that's when the --
that's when the interest goes to the board, and it doesn't go to the Clerk
of the Court for his operations; am I correct, Dwight?
MR. BROCK: That is correct.
COMMISSIONER HENNING: Okay. So tell us about the $6
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September 29,2009
million. It ties in with number four, doesn't it?
MR. BROCK: With number four?
COMMISSIONER HENNING: Number four on the settlement
-- mediated settlement agreement and the $6 million that was in the
BCC's money, or BCC's account and was transferred Thursday or
Friday of the days of the mediation.
MR. BROCK: The -- during the course of the litigation, what
transpired was the trial court had ruled in favor of the Board of County
Commissioners and said that the interest income was income to the
Board of County Commissioners.
We appealed that particular ruling. And in the course of
appealing that particular ruling, there was, in fact, a court order that
directed the clerk to put it into the account of the Board of County
Commissioners, two-thirds of that money, interest money, and
one-third of that interest money would go to the clerk as a bond
process.
The court -- the local trial court was reversed by the appellate
court. And the appellate court entered a mandate, which is the final
order of the court, ultimately making the determination, the interest
income was income of the clerk.
The law was changed effective July the 1 of this year that made
the income the income of the board, but the law had been settled at
that point in time that the income that had been generated prior to the
1 st was income to the clerk.
In the course of the hearings that took place, there was, in fact, a
discussion that took place on the record based upon a motion that had
been filed by your counsel in which your counsel and the court went
through a colloquy with regard to who that money belonged to and
what was going to happen to it, which the court told them, and I would
suggest to you your counsel finally agreed, that if that order stood --
because at the point in time that all of this was taking place -- this
discussion was taking place, there had been a request by the Board of
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County Commissioners to have the Florida Supreme Court to accept
discretionary jurisdiction.
And in the course of the conversation, the judge made the
remarkable observation, which was on the record, made -- and there's
a transcript of all of it -- that if, in fact, that opinion of that appellate
court stood -- for which he didn't know whether it would or not -- that
income was the clerk's.
Well, on the 9th of September, the Florida Supreme Court denied
the county's request for discretionary jurisdiction. That income
belonged to the Clerk of the Circuit Court.
The clerk is the custodian of both the money of the Board of
County Commissioners and the money of the clerk. All the clerk did
was transferred it to its rightful owner, which is the clerk.
COMMISSIONER HENNING: When did you discover that the
Supreme Court denied --
MR. BROCK: I think it was on the 10th or the 11th of
September.
COMMISSIONER HENNING: Okay. And the 10th was when
the mediation --
MR. BROCK: Began.
COMMISSIONER HENNING: -- mediated settlement began.
MR. BROCK: Correct.
COMMISSIONER HENNING: Was there any representation
that you were going to give that $6 million to the BCC in the
settlement?
MR. BROCK: No. I mean, I agree with Commissioner Fiala.
CHAIRMAN FIALA: Well, there was no --let me say, if that's
what you were saying, we didn't know that that had taken place. We
knew it was in our account, and that's why I shook my head. We
didn't know that anything had changed. We -- I thought we were all
just working together, and we had no idea that was going to be taken
out of our account. We didn't find that out until Tuesday morning, I
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September 29, 2009
believe.
MR. BROCK: I mean, Commissioner Fiala, maybe I'm missing
something. But I mean, is it your position that, you know, you should
be entitled to have money that doesn't belong to you?
CHAIRMAN FIALA: We thought it belonged to us being that it
was in our account. You know, you've put words in there, but we
thought -- we didn't know there was any -- I still don't really
understand what happened on September 10th that you're talking
about. We just knew that the money was in our account. Oh, okay.
You're pointing.
COMMISSIONER COLETTA: Jackie.
CHAIRMAN FIALA: Jackie, did you want to say something?
I'm sorry.
MS. HUBBARD: No. I'm available to answer any questions you
may have.
CHAIRMAN FIALA: Yeah.
MS. HUBBARD: If you have any questions.
CHAIRMAN FIALA: No. I was just -- I was just telling
Dwight, we didn't realize it was going to be taken out. We didn't --
Dwight said, you know, it wasn't yours, but we didn't know that. It
was in our account. We didn't know that any kind of court decision
had been made to change that.
And your people were in our office. Well, we met with them all
day on the 11 th, and nobody ever said anything to us.
MR. BROCK: Commissioner Fiala, there was an order entered
by an appellate court which said that it was the clerk's money.
CHAIRMAN FIALA: Yeah. But see, we didn't know that.
That's just what I'm saying.
MR. BROCK: Well, you didn't know that the appellate court --
why did -- if you didn't know that the appellate court had entered the
order declaring that it was the clerk's money, why in the world would
you have asked the Florida Supreme Court to accept discretionary
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September 29, 2009
jurisdiction?
COMMISSIONER HENNING: Commissioner Fiala?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: If I may.
CHAIRMAN FIALA: Sure, go ahead.
COMMISSIONER HENNING: Number four is really simple.
Pursuant to Section 28.33 of the Florida Statute, 2009, all income
received and generated in the investment of the county funds from and
after July 1 -- that's a very important date -- is from July 1, 2009,
anything prior -- after -- or prior to July 1 is the Clerk of the Court,
and that was a law. And I think that's just the misunderstanding
through this whole process.
MR. BROCK: I mean, Commissioner, there may very well be
many misunderstandings here.
But let me suggest to you that I -- we're, you know, beating a
dead horse, okay. You know, let's talk about what is the important
issue here today, and that's to provide the clerk with funding so that
the clerk does not have to terminate additional employees. That's the
only thing I'm interested in accomplishing here today.
(Applause.)
COMMISSIONER HENNING: Wait a minute. And if we can --
let me just finish here.
CHAIRMAN FIALA: Yes. He was just asking who was first.
COMMISSIONER HENNING: Yeah. And then -- we know
there's some support here, and we want to settle this, too. I seen it
from my colleagues, they wanted to settle it earlier today.
And my last question for you -- well, first of all, let me make a
statement. You're asking -- it was a mediated settlement of $5 million
for the fiscal year coming up on Thursday, plus the $273 (sic) that's
already in there, in our budget.
CHAIRMAN FIALA: Thousand.
COMMISSIONER HENNING: 273,500.
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September 29, 2009
The $6 million that was transferred, okay, come Thursday,
whatever money's left over that you haven't expended for this
operating budget, you have to return to the Board of Commissioners,
right?
MR. BROCK: And I suspect, you know, it will be somewhere in
the neighborhood of approximately the same amount of the interest
that will be coming back to you. So yes, the answer to your question
.
IS yes.
COMMISSIONER HENNING: Yeah. You were just following
the law in number four that I see, is --
MR. BROCK: Well, I mean, Commissioner, that was not part of
the agreement. The agreement, as I understood it in its writing, it was
real simple, that there would be a turn-back to the Board of County
Commissioners of funds or there would be a transfer of funds to the
Board of County Commissioners at the end of the year of $6 million.
Pure and simple. That was what the agreement was, as I understood.
And, you know, let's start off by making something very clear. I
happen to have been sick -- I got sick the morning -- at noon on the
morning of the mediation, and the remainder of that mediation was
done by counsel and with Crystal Kinzel.
Based upon conversations that I've had with them afterwards, you
know, they fail to understand how anybody had misunderstood that.
But be that as it may, that's, again, not the important part of my
objective here today. The thing that I'm trying to do is I'm trying to
get funds available for me to pay the employees to maintain the
operations in my office.
Tomorrow is the last day of the fiscal year. You've got money
that you have budgeted; you have budgeted and have it in reserves, of
$5 million to operate, I'm presuming, the clerk. You know, we had a
discussion here some time back and you told me that you were only
going to give the clerk 3.778 million. And as a consequence of that
direction, I laid off staff to be able to deal with the payroll of 3.778.
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September 29, 2009
Obviously, I would certainly like to be able to re-hire as many of
those employees that had to lose their job as I could. But at a
minimum, I do not want to have to be laying off any additional
employees, and that's what I'm seeking here today.
It will require from you -- as Ms. Kinzel gave to me, it will
require of you to pass a budget amendment to transfer funds into a line
item and then transfer them to the Clerk's Office so that the Clerk's
Office can then pay the salary.
The way we did it for years and years and years is the same way
you did it with the property appraiser, who is also a fee officer. You
appropriated it, and you transferred it to them, I think it was
three-twelfths or -- in the first month, and then one-eleventh the
remainder.
That's all I'm seeking to have accomplished here today is to be
able to continue doing the job that we had. You're going to have to
tell me what you're going to give me, and these people -- and, you
know I -- I'm --
,
CHAIRMAN FIALA: Commissioner Henning?
MR. BROCK: I am a little bit -- I'm very proud of them.
THE AUDIENCE: We're proud of you, too.
MR. BROCK: We just want to be able to continue doing our job.
COMMISSIONER HENNING: I guess, Commissioner, just to
wrap up, I want our vendors to be paid on Thursday, continue to be
paid. I want our employees to be paid, continue to be paid. I know
the role of the clerk, and I know that's going to stop unless we take
action today.
THE AUDIENCE: Thank you.
(Applause. )
COMMISSIONER HENNING: You know, if we do without
that, I know we can get this done a lot quicker.
And I know that he has the duties to make sure that the board's
minutes are taken. I'm not even sure if we can meet without having
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that. So we got to do something today.
I would like to settle this whole thing by doing a budget
amendment to give the Clerk of the Court $5 million, but also to
memorialize this mediated settlement, and that is outlined, one
through four. And I'll make that motion.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COLETTA: Commissioner Henning, I
would be happy to second your motion after I get a chance for
everybody to speak and I get to ask some questions.
COMMISSIONER HENNING: Sure.
COMMISSIONER COLETTA: But until that point in time,
there's too much that I don't understand here for me to be able to move
on a second.
CHAIRMAN FIALA: Commissioner Coletta, or Commissioner
Halas was next.
COMMISSIONER COLETTA: Oh, no. Halas was next. I was
after him.
CHAIRMAN FIALA: Excuse me.
COMMISSIONER HALAS: County Attorney, was there
something that came down from the Supreme Court on the 10th of
September?
MR. KLA TZKOW: Commissioner, to get right to the point of
this -- and I was at that mediation and Leo was at that mediation and
Jackie was at that mediation and Commissioner Fiala was at that
mediation -- our clear understanding was that we were going to get an
additional infusion of money of approximately $6 million.
I got a phone call from Leo, I guess, sometime over the weekend,
and Leo was stunned -- you could hear it in his voice -- that the clerk
had transferred the interest out of our account and that that was the
money that we were going to be getting back.
Now, if you want to characterize this as a misunderstanding,
that's fine, but my clear understanding, and I think I can speak on
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behalf of Leo and Jackie and Commissioner Fiala, was that that was
supposed to be additional moneys coming to the board. That was our
understanding of the deal.
COMMISSIONER HALAS: What about the Supreme Court?
MR. KLATZKOW: What date did the Supreme Court come
down, Jackie? I will also tell you that we were there for two days,
were not advised this was being -- this was happening, so that in my
mind there was a lack of transparency here. But if you want to get it
from a technical standpoint, yes, the income is the clerk's. If you want
to get it from a technical standpoint on the day that the Supreme Court
decision came down, yes, he could take it. I didn't get notice, I don't
think Leo got notice. It just occurred.
MR. BROCK: Commissioners, let me make the obvious --
COMMISSIONER HALAS: I'm not done yet, okay? Just hang
on. I'm not done. I want to find out exactly -- if this was done in the
Supreme Court, why wasn't we notified?
MR. KLATZKOW: Well, we would have been notified. A
Court would have come down with an order.
COMMISSIONER HALAS: But he said that it came from the
Supreme Court. Did I misunderstand?
MR. KLATZKOW: No, you did not misunderstand.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: When did we learn about that? I mean, I
don't even know.
MS. HUBBARD: If I may, what -- the confusion here is that the
trial court entered an order. The order was the condition of a bond.
The trial court told the Clerk of Courts back in December, if you wish
to appeal the decision of the Circuit Court, we're going to have to
figure out how the income of the Board of County Commissioners can
be protected.
The trial judge then entered an order saying that any interest
income will be divided two-thirds to the board, one-third to the clerk.
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This is after the clerk had taken over $3 million of board money -- we
thought it was board money at the time -- to post the bond.
Since the clerk didn't have sufficient funds to post the bond, the
trial judge entered this order. For the months from the time of the
order until sometime in May, approximately five months, the clerk
divided the interest income two-thirds to the board, one-third to the
clerk.
That same spring the legislature changed the statute so that the
statute now reads that the income earned on board money is income to
the board. Now, that was a logical transition, we think, from the
argument that we made in the trial court.
Now, after the Second District Court of Appeal entered this order
reversing essentially the trial court judgment on the interest and prior
to the change in the statute, we filed with the Supreme Court a request
that the Supreme Court take discretionary jurisdiction to entertain the
appeal of the order that had been issued by the Second District Court
of Appeal. That was pending while the bond condition of paying the
two-thirds/one-third order remained in effect.
Sometime prior to the mediation, the only thing that came down
from the Supreme Court was a very short statement. Didn't mention
any interest. The statement simply said, we decline to take jurisdiction
of this matter.
Bear in mind that when the state statute was changed, our office
immediately sent to the Florida Supreme Court a copy of the amended
statute notifying them that in our opinion, the issue was moot. The
Supreme Court still did not take any action, even though they had
been informed that the basis for our appeal was no longer relevant
because the statute had changed to coincide with the arguments that
we'd already made.
Now, during the course of the mediation and prior -- actually
prior to the mediation, the Second District Court of Appeals issued
what we call a mandate. Now, until the mandate is issued by the
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appellate court, the opinion has no effect. It doesn't go into effect until
the Second District Court of Appeal issues the mandate.
They finally issued the mandate. And after the mandate was
issued, which essentially then reversed the trial court, we appeared
before the trial judge.
At that hearing the Clerk of Courts failed -- and that's not too
strong a word to make -- failed to make a motion to have the interest
money that had been divided two-thirds/one-third and put into your
bank account, he failed to make a motion asking the judge to return
that money to the clerk. Instead, the judge simply entered an order that
said, you no longer have to split the money two-thirds/one-third.
Now, our contention is that before the clerk could go into your
bank account and take $6 million out of it, he needed a court order.
He did not have a court order.
The Supreme Court's opinion did not tell the clerk to go and take
the interest out of your bank account. That is a misstatement of fact.
The Supreme Court opinion merely said, we are not accepting
jurisdiction of this case. That's all it said. It didn't give any direction
to the clerk or to the board.
COMMISSIONER HALAS: I got one other question. What date
did the mandate come down?
MS. HUBBARD: I believe that it came down -- and I thought I
had a copy with me, but I don't. But it did come down, I believe,
shortly before the mediation, but I'm not certain of the date.
COMMISSIONER HALAS: Okay. Was there any discussion in
regards to the clerk's -- in the negotiations saying that he was going to
go in there and get the $6 million?
MS. HUBBARD: No. But let me just tell you that I don't
believe that I have the authority, unless the board directs me, to waive
the confidentiality of this mediation procedure. It's highly irregular
that a settlement agreement that was written pursuant to a confidential
and privileged mediation process has been revealed in the public.
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That's a confidential document, and I don't feel that I'm at liberty to
tell you what happened during the mediation.
But since there's been discussion of it, let me just say this. Most
of my participation in the mediation, which was two full days, at no
time was I told that the clerk was taking $6 million out of your general
fund.
Additionally, I have spoken to Ted Tripp, who is co-counsel on
this case, and he also assured me that he had not been told that $6
million was taken out of your general fund.
My understanding is that the $6 million came out of your general
fund on Friday morning. And if you'll recall, the mediation continued
until 7:30 Friday night.
Now, my understanding is consistent with the County Attorney's
understanding, which is that there was the expectation that the $6
million would be new money. There was never any expectation, at
least on my part, that the clerk would go in and take your $6 million or
his $6 million or $6 million period and then offer to return it back to
you. That was never discussed. And I -- you know, I don't even feel
comfortable discussing that much of the mediation. But since it's
already out there, I will -- you know, that's why I made those
comments.
COMMISSIONER HALAS: Thank you very much.
MR. BROCK: Am I going to be given an opportunity to
respond, Commissioner?
CHAIRMAN FIALA: Go ahead.
MR. BROCK: Ms. Chairman?
CHAIRMAN FIALA: Yes.
MR. BROCK: Okay. I'm going to read you a transcript, a court
transcript, that took place on August the 7th. And let me answer when
the mandate was issued because it came up. It was discussed in this
particular court hearing. It was issued on the 16th or 17th of June
based upon the transcript.
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But this is a colloquy that took place between Ms. Hubbard and
the judge in the courtroom on August the 5th.
The Court: Yes. And now all the interest goes to the board.
This was referring to after the statutory change. But what about
before the effective date of the statute?
Ms. Hubbard: That's what we're talking about. The mandate was
issued on the 17th and 18th of June.
Now, let me explain to you how this issue was brought before the
Court. She was going to the judge and asking the judge to order that I
give her more money, and this is the response of the judge.
Ms. Hubbard, that -- that's what we're talking about. The
mandate was issued on the 16th or 17th of June. And since that, for
that period of June, which was about two-and-a-halfweeks, the
interest went to the clerk; but prior to the issuance of the mandate,
your order required two-thirds/one-third split.
Right. But all of -- this is the Court. Right. But all of that was a
bond. That doesn't determine who owns the money. That determines
how it was going to be divided up pending a final resolution.
Mr. Grady: That's our understanding as well, Your Honor.
Ms. Hubbard: In any event, as of July the 1 st, the money goes to
the board, statute of the chain.
The Court: The money coming due after July the 1 st and all
money due if that appellate opinion stands --
Ms. Hubbard: No, no, no.
The Court: Listen to me. If the appellate opinion stands, all
money that came in that was split 60/40, all of that goes to the clerk up
to the date of that new statute.
Okay? Now, ladies and gentlemen, your staff have access to the
same financial records that I have and can go in there and look and see
exactly what money we have, and to support that proposition, one of
your employees out of the budget office filed an affidavit that went
through a great deal of colloquy about where this money was and how
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much it was, all of this.
And this was a motion that was filed. When was it filed? It was
filed at the last hearing -- the last court date, and it was dropped, and it
was basically to -- seeking to get the money back. And let me suggest
to you that the reason that that didn't take place was because they
understood that it was my money.
But I want Mr. Grady, who was present at the mediation, to talk
to you for a moment.
MR. GRADY: Madam Chair, good afternoon. My name is Tom
Grady. I was at the mediation. I think Mr. Brock covered the
highlights of his understanding of how we got where we got.
Let me say this about the mediation itself. On the morning of
September 10 when the mediation first began, the parties give opening
statements. And Ms. Hubbard is right that typically there is some
degree of confidentiality that attaches to these mediation proceedings,
but that has been completely abandoned as a result of the various
motions that the county has filed subsequent to the mediation, and
even here today you saw the parties speaking about the mediation.
We can talk a lot about what he said, she said, and ultimately it
mayor may not help, but I do want you to know that the very morning
of the 10th we made clear, I made clear, to the parties, including the
County Manager and the County Attorney, that we had just learned
that the Supreme Court had ruled the day prior that it was not going to
upset the judgment of the appellate court.
So you've heard some discussion about mandates, you've heard
discussions about other dates. But Commissioner Halas, you
specifically asked a question, when did the Supreme Court ruling get
published, and the answer to that question is September the 9th. It
was online and available. It was received by mail in my office on
September 14, but we learned on the 10th because we routinely get
online and check, that, in fact, it had issued the day before on the 9th.
So the mediation started on the 10th, court ruled on the 9th, we
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found out about it on the 10th.
Now, I have the complete transcript. I suspect you don't want to
hear all of it. But as you know from Mr. Brock's reading of it, I'm
happy to refer to it if you'd like. But in the same August 5 hearing
where the judge was considering all these issues, he also commented
about the Supreme Court appeal. Didn't know whether it would be
successful for the county or whether it would be successful for the
clerk, but he said at the conclusion of that appeal -- and you heard Mr.
Brock read the rest -- the interest income that had been deposited as a
bond, not as income to the county, but as a bond, would become
interest, once again, to the clerk up to July 1, which was the date that
the statute changed.
Nobody has any question at this point, I don't think, about how
the interest was posted and how interest was allocated subsequent to
July 1.
Now, during the course of the two-day mediation, at every
opportunity, with the parties present, with the lawyers present, with
the mediator present or at some combination thereof, I was very
careful to emphasize that dollars are dollars. The clerk can't pull
money out of the air, and if we're looking at total revenues earned by
the clerk, let's look at the total revenues as the law defined them,
which included all interest income up to July 1 of this year.
That was included in the written mediation statement that we
provided to you. It was provided at the opening statement during the
mediation on the morning of September 10.
Let's say there's a miscommunication or something else, however
you want to describe it, and let's just look objectively at the numbers.
I know there are some accountants here. I think that Mr. Mudd and
Mr. Ochs could probably tell you -- and I understand from Ms. Kinzel
that Mr. Ochs already has told you -- that they were surprised to learn
or hear that the clerk might be able to provide an additional $6 million
to the county in his turn-back because the money wasn't there.
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Well, I would suggest that the only reason that you would be
surprised is because you know, because you have access to the SAP
financial statements, exactly what the income to the Clerk's Office is.
Mr. Isackson has filed deposition in this case -- or excuse me --
affidavits in this case with printouts from the SAP showing he knows
exactly what the interest income was to the clerk, he knows what the
other income was to the clerk, and what the expenses are.
And forgetting about what anybody said or why or when, the
bottom-line reality on September 10 is no different than the reality
today, and that is that the clerk didn't have the ability to give an
additional $6 million. I believe everybody in the room those two days
knew that, but whether they did or not doesn't change the fact he could
not have done it.
The mediation settlement agreement that you have in front of you
specifically says that he will turn back $6 million from all sources at
the annual time, October 31, for that to occur.
So regardless of whether there was a miscommunication or
misunderstanding, objectively going back and looking at the
documentation, it was literally impossible -- and I don't think anyone
can challenge that -- it was literally impossible for Mr. Brock to be
able to provide an additional $6 million, if you exclude the $6 million
of income that is rightfully his.
I've got excerpts -- and I'll summarize this rather than getting into
it, but if there are questions, I want you to know that I have the
materials with me. I've got materials from your board meetings in
July where Mr. Klatzkow was advising you that this is the clerk's
money. In response to a question from Commissioner Coy Ie, he
confirmed, yes, Mr. Brock can take this money. I've got the court
opinion that says this is the clerk's interest income.
But I agree with Mr. Brock when he opened that the issue today
really is not what happened before. It's very unfortunate. I was
personally very encouraged and optimistic at the end of the mediation
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because the discord and disagreement and distrust between the office
of the clerk and the office of the County Manager and this board is
something that I would personally very much like to see change. And
I thought we had gotten there, and obviously we didn't. And that is
unfortunate, but, again, that is yesterday's news, and there is no future
in the past.
What we are looking to do now is to move forward with the
moneys we have, the moneys we had then, and be able to operate the
Clerk's Office. Because as Commissioner Henning correctly pointed
out, come Thursday in the absence of funding for the non-court
functions in the Clerk's Office, the clerk will not be able to determine
the legality of any payments for the county. That is something he's
clearly entitled to do under the law as it stands under the Second
Circuit's most recent opinion that was released last week, and he has to
cosign checks and thus won't be able to and, literally, nothing will be
paid.
And it seems to me -- I'm not pretending to be familiar with your
business -- but it seems to me that your business comes to a halt, and
that's not a good thing in my view as a citizen, as well as my view as
counsel for the clerk.
If there are any questions or if you wanted me to refer to any
specific --
CHAIRMAN FIALA: Well, Commissioner Halas had the floor
and --
COMMISSIONER HALAS: No, I'm done.
CHAIRMAN FIALA: Oh, you're finished.
Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. Well, I mean,
to sum this up as one big misunderstanding is probably an
understatement.
I can tell you that I've gone way out of my way to try to bridge
the gap between the county commission and the clerk. We've been to
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lunch together; we've met in my office several times. I was very
elated to find out that we had an agreement coming forward that was
going to wrap everything up nice and tight to be able to put this
animosity to an end once and for all.
Well, 10 and behold, the meeting of the 15th, I was extremely
happy to walk in the room and find the clerk, the first time in, what,
six, seven years, seated at the seat next to Commissioner Coy Ie, a
place that I've asked him to come to many times and to join with us in
this commission meeting, went over, shook his hand, patted him on
the back. Man, I'm glad to see you here.
Okay . We have an issue that started. It didn't happen until we
got to our private session, the clerk's gone. Come back, the clerk's not
here. I asked the clerk to come over, the clerk didn't come. I was
looking for some way to be able to resolve the issue and get
everything back on track.
I hate to say this, but from where I was sitting at that point in
time, and it may still be right now, it looked like the clerk caused a
catastrophe to take place that he could try to solve later.
We're elected officials -- I'm an elected official, the clerk's an
elected official. And I've said this many times to him before, and I'm
going to say it again. The best way to deal is with him right in this
room face to face on these types of issues. Where in the hell was the
clerk for the rest of the day? Was he sick? If he was, that might be
the reason. But it was a total loss. Why in the morning, first time in
many, many years, and then when we needed him to be able to come
up with some sort of reasoning, why this whole thing fell apart, no one
was there to answer anything.
That's why we're here today, and that's why we're at the impasse
that we've reached. It's too bad that we had to get to that point. That's
the first part of it. That's not a question, that's more of a statement.
The next part is, why, if the clerk had $6 million in his fund that
he was going to be able to -- he was going to have to turn back what
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he didn't spend, he couldn't use that to bridge the gap until we could
figure out where we were on this whole thing so the whole system
wouldn't dissolve at that point in time? I don't know if I'm asking the
right person on this. Possibly--
CHAIRMAN FIALA: I'd like to hear from Dwight.
MR. BROCK: Let me answer. I'm not sure what the question is,
Commissioner.
COMMISSIONER COLETTA: Well, let's go back to the fact
that communication ceased on the day of the 15th shortly after we
began in the morning. We went into private session -- well, in the
shade there in the afternoon at 12 clock. You were nowheres to be
found after that. I was hoping you were going to be here all day long.
The question was asked, you know, where you were many times.
I even, towards the end of the meeting when we still had time to
resolve the whole thing, sent out a verbal invitation like I have in the
past that you responded to, hoping you'd walk back through that door,
and all this would have been averted, possibly been averted.
MR. BROCK: Commissioner, I was not at the office when that
was going on. I didn't see that. So, you know, that's all well and good,
but I was doing something else. I did not see anything that you're
referring to. But I mean, what was the question about the 6 million?
COMMISSIONER HENNING: Well, the 6 million, now, what
you took out you've got to apply -- you've got to send back to the
commission, what's the date? It has to come back to the commission
MR. BROCK: It has to come back to the -- what income that--
COMMISSIONER COLETTA: You don't spend.
MR. BROCK: -- we don't spend --
COMMISSIONER COLETTA: Yeah.
MR. BROCK: -- comes back to the Board of County
Commissioners 30 days after the end of the fiscal year.
COMMISSIONER COLETTA: And I heard you say that it will
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probably be close to the whole 6 million.
MR. BROCK: I certainly hope --
COMMISSIONER COLETTA: If you get what you need.
MR. BROCK: I certainly hope so. But, I mean, you know, that
all depends on --
COMMISSIONER COLETTA: I understand.
MR. BROCK: -- closing the books and what is there. But I
mean, you know, we anticipated that that would be the case. You
know, it's going to be less than what it would have been if we hadn't
have had to layoff these people, but it -- we anticipate it to be close to
6 million.
COMMISSIONER COLETTA: Once again, why didn't you use
that money just to keep your office going until you could come back
here and explain this whole procedure to us and how you visioned it
coming out?
MR. BROCK: Wait, Commissioner. That's exactly, what I did
was I kept the office running with the use of that money and paid the
employees the accrued liabilities that I had to pay them as a
consequence of laying them off.
COMMISSIONER COLETTA: Okay. So -- and I'm not going
to doubt the fact that you had some more important place to be than
the Collier County Commission, but we were discussing something
that was extremely important to both your agency and my agency.
MR. BROCK: Well, Commissioner, I didn't leave the meeting --
you know, I did not leave the meeting because you were discussing
something. I had something that came up in personal life that I had to
deal with.
COMMISSIONER COLETTA: I understand, I understand.
MR. BROCK: And I'm sure that -- it's not satisfactory to you,
but I can tell you, what transpired in my personal life was more
important to me than that.
COMMISSIONER COLETTA: No. Mr. Brock, that's not where
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I'm going with this.
MR. BROCK: Okay.
COMMISSIONER COLETTA: You are one person. You have a
whole agency behind you. You have people that are qualified to come
in here and say, you know, Commissioners, Mr. Brock can't make it.
He does have some personal reasons he can't. Why -- let me explain
this to you. Why do you leave us in the dark?
This crisis came down because of lack of communications, and it
wasn't on our part. We're asking questions. No answers from your
end.
I'm sorry. You know, don't look at the Collier County
Commission. Look at yourself.
CHAIRMAN FIALA: You know what? Why do you keep
putting your attorney here? We're talking to you.
COMMISSIONER COLETTA: Yeah, elected official to elected
official.
CHAIRMAN FIALA: Yeah, come on. Come on.
COMMISSIONER COLETTA: I don't want to talk to your
attorney. I want to talk to you, Dwight.
CHAIRMAN FIALA: Yeah.
COMMISSIONER COLETTA: Or you want me to leave the
room and you can talk to my attorney?
MR. GRADY: Can I just respond briefly to your question? I'll
sit down. I agree with you. I would love to --
COMMISSIONER COLETTA: I would rather you sat down
without responding. I want to talk to the person that I voted for for
office.
MR. GRADY: I have information he doesn't, but I understand.
COMMISSIONER COLETTA: I'm sorry I'm so mad about this,
Dwight, but I really thought we had something going that was going to
be beautiful. I really thought this was all behind us. I really did. I
mean, what a surprise. What a surprise at the very end, and all of a
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sudden the next morning we find all these offices closed, all these
people laid off. You never gave us the opportunity to respond. You
never sent a representative from your office. You left us in the lurch,
and I'm really convinced you created a crisis.
MR. BROCK: With reference to what, Commissioner?
COMMISSIONER COLETTA: To the fact that you weren't here
to communicate with us to be able to explain how everything comes
down, to have this meaningful discussion that we're having now.
MR. BROCK: Well, I mean, you know--
COMMISSIONER COLETTA: I'm sorry. I don't mean to be so
passionate.
MR. BROCK: I told you -- I told you that something in my
personal life came up. I told you that -- I didn't tell you, but I will tell
you --
COMMISSIONER COLETTA: I don't want to know your
personal life.
MR. BROCK: -- that whenever I got up and had to leave, I went
over to the chairman, Commissioner Fiala, and told her that something
had come up and that I had to leave.
CHAIRMAN FIALA: Yes, he did.
MR. BROCK: Did I not do that, Commissioner Fiala?
CHAIRMAN FIALA: Yes, sir, you did. Yes, sir, you did.
COMMISSIONER COLETTA: And there was no one else in
your department that could step in here and explain to the commission
and answer our questions?
MR. BROCK: Commissioner, you know, I wasn't dealing with
anything other than what came up.
CHAIRMAN FIALA: Well, and at the time we weren't on that
subject. Let me just intervene. I don't mean to step in, but we weren't
discussing that.
MR. BROCK: You know, obviously if -- it was
miscommunication, okay. If you want me to apologize, I think I
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should do that, okay. That -- you know, what you said was that you
had reached out to me to try to work with us, and I thought we had
done that. I had spoken to you about my budget. The first telephone
conversation that you and I had with reference to my budget you told
me you had been through my budget and it was all fine and it was not
a problem, okay. And you asked me to have lunch with you, okay.
I went and had lunch with you. And then when we came back, I
called you again and you told me, well, you know, there may be a
little problem, but we'll get most of it, okay.
I had the same conversation with Commissioner Fiala, and I was
of the opinion that everything was all right with my budget, that we
were going to get the funds necessary to operate our office.
Then we come in and we end up not getting the funds that we
perceived to be necessary to operate our office, but 3.7. And I
adjusted -- if that's the money that I have to operate -- an
overwhelming portion of my office is in personnel services. I've got to
adjust my staff to be able to accommodate that.
COMMISSIONER COLETTA: Yeah. Mr. Brock, we're getting
away from the subject at hand. The subject at hand is we need to
resolve this issue, and I just want it to be understood that it was
because of the lack of information that this commission had that we
took the direction we did.
MR. BROCK: Okay.
CHAIRMAN FIALA: Can I jump in for one second here and
say, we did have an agreement with you, with your attorney; Crystal
was there. We all had an agreement, and it was satisfactory to
everybody, $5.273 million, and that was good, and we walked out of
there all feeling satisfied.
We had no idea -- and you didn't communicate with us to tell us
that you were going into our account to take $6 million out. We
thought we had that money there, and so we were going to be able to
fund this. We didn't learn about that until Monday evening, or was it
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Tuesday morning? And so -- but there's another point of
miscommunication.
Had you said to us on Friday morning, you know what, we're
going to have to take this $6 million back out, you know, I think it
wouldn't have struck us so hard. We would have said, oh, okay, fine.
Now let's see how we can work this out. Then we would have been
able to negotiate that through. But not a word was said.
MR. BROCK: Commissioner, you know, I understand what
you're saying, and I appreciate that. Now listen to it from my
perspective for a moment, okay.
CHAIRMAN FIALA: Good.
MR. BROCK: There's no question that in the course of the
mediation I discussed that with the mediator, okay. I was of the
impression that it had been discussed comprehensively with every
party in there and everybody in there knew it.
CHAIRMAN FIALA: You mean that you were going to take the
$6 million?
MR. BROCK: That we -- no, not that we were going to, that we
had.
CHAIRMAN FIALA: It was never -- I'll tell you,
Commissioners, it was never mentioned to us.
Leo, was it ever mentioned to you?
MR.OCHS: No, ma'am.
CHAIRMAN FIALA: County Attorney, was it ever mentioned
to you?
MR. KLATZKOW: No, ma'am.
COMMISSIONER COLETTA: I don't mean to--
CHAIRMAN FIALA: Okay. So -- no, I just want to clear it up.
If he thought --
COMMISSIONER HENNING: We're not clearing it up.
CHAIRMAN FIALA: -- that we knew about it from the
mediator, we did not, and your attorney never said anything either. I
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know you were gone because you were sick as a dog that day, but it
was never ever said to us.
MR. BROCK: Okay. You know, and I'm operating under the
misapprehension that you did, okay. If you didn't --
CHAIRMAN FIALA: There we go.
MR. BROCK: -- I am terrible sorry. But the bottom line to it
was -- you know, I only had -- I only had the potential of $6 million in
excess revenue.
CHAIRMAN FIALA: And we can understand that.
MR. BROCK: Okay. In addition to that, the $6 million was
clearly the clerk's income. I don't think there's a person in the world at
this point in time that will argue with that. So it would have never
crossed my mind that there would have been an objection to -- of
taking something that belonged to the clerk.
CHAIRMAN FIALA: But you see, we hadn't heard --
MR. BROCK: And I understand that. And now then, we've
gotten past this. Now, let's do what's important here today.
CHAIRMAN FIALA: Okay. And we've communicated this so
at least we understand where the miscommunication was. Now let's
step forward.
MR. BROCK: I can appreciate that and I accept that.
CHAIRMAN FIALA: All right.
MR. BROCK: Now then, let's do what is important here. Let's
do a budget amendment to move those funds into a line item that can
be transferred to the clerk and do it in the manner of three-twelfths the
first month, and one-eleventh thereafter, as it's been done for years.
CHAIRMAN FIALA: Will you promise to communicate with us
from here on in?
COMMISSIONER COYLE: Oh, give me a break.
MR. BROCK: I do.
CHAIRMAN FIALA: All right. You-all heard that. See, we
could get over it so easily if we just communicated.
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MR. BROCK: You know, Commissioner, I would love to put
some of those employees back to work. That's what I want to do.
(Applause.)
CHAIRMAN FIALA: And so do we.
MR. BROCK: And I don't doubt that for a moment.
CHAIRMAN FIALA: Right, right. We don't want to see anyone
out of work.
MR. BROCK: Right.
CHAIRMAN FIALA: Jim Mudd, and then Commissioner
Coy Ie.
MR. MUDD: No, I -- Commissioner Coyle first.
CHAIRMAN FIALA: He's been waiting, yes. I saw your hand
up. I didn't -- go ahead, Commissioner Coyle.
COMMISSIONER COYLE: Thank you very much.
This has probably been one of the most unproductive,
uninformative discussions I have ever seen in my life.
CHAIRMAN FIALA: I think we just --
COMMISSIONER COYLE: We didn't solve anything. We just
found out that somebody failed to communicate or somebody didn't
fail to communicate, and that's what it's all been about.
Quite frankly, the only issue with the $6 million was, was it the
clerk's money to transfer? Just like he said. Yes or no.
THE AUDIENCE: Yes.
COMMISSIONER COYLE: It was, okay. Then we've just
wasted about an hour here, and we haven't gotten to the real issue.
The real issue then is not what you did with money that you were
authorized to transfer, although I agree with Commissioner Fiala that
in view of the distrust that exists between all of us, it would have been
a lot better if somebody had said, oh, by the way, I'm transferring $6
million out of your account today. But that's over with. I think we
understand what happened.
There is only one thing that I want to know, and I've asked this
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question before, and I have never been able to get an answer. None of
us on this board objects to paying you money for the services you
provide this board. We never have objected to that, and I don't know
of any reason we ever would.
So the way we generally operate is, someone tells us what it costs
to do the job, and then we give them the money to do the job. We
don't just have somebody throw out a figure and say, okay, if you give
me this, I'll write your checks next week.
So I'm going to ask you again, how much does it cost to perform
the services that the board requires of you or that you're obligated to
provide to the board? Can you give me an answer?
MR. BROCK: Crystal?
MS. KINZEL: Well, Commissioner, for the record, Crystal
Kinzel, Finance Director. And I don't know where you want to start.
In other words, the 6,177,300 that we originally requested of you was
for the functions that were identified in the budget.
COMMISSIONER COYLE: Crystal, I've been through the
budgeting process with you for years.
MS. KINZEL: Right. Well, you --
COMMISSIONER COYLE: Okay, and I know how it works.
You throw a figure out there and you say that's absolutely essential in
order for you to survive, and then after we spend four or four months
debating it, we find there's another figure.
MS. KINZEL: Well, Commissioner--
COMMISSIONER COYLE: No, no.
MS. KINZEL: -- we've reduced the budget to three-and-a-half
million --
COMMISSIONER COYLE: Okay, okay.
MS. KINZEL: -- and laid the people off, and that created the
.
Issue.
COMMISSIONER COYLE: Okay. The people you laid off are
people at your branch offices who do not perform services that are
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required by the Board of County Commissioners. Now, that is the
crux of the issue.
Now, if you want us to pay you money, give you money, that
you then will take to use to run your other functions, then I have a
problem with that. You say you're a fee officer. I thought you did
those things for a fee, so I would expect the fees to cover those costs.
I am not going to get in the business of taking taxpayers' money
and providing it to you for use in things that are not directly related to
the functions of this board.
And so, I want -- I want an accounting. I will vote immediately
when you tell me what it costs to do the functions that you perform for
this board, and there's no reason you shouldn't have that readily
available because you perform functions for the court that we're not
responsible for, and you perform functions for us that we are
responsible for.
And all I'm asking is a simple question. Tell me -- no, no.
Substantiate the costs of the services that you provide to us.
MS. KINZEL: And I believe we have, Commissioner. But let
me -- a couple of things you said that were misinterpreted. You said
that, for example, the only people we laid off were the satellites. That
is not true. We had to layoff almost nine people in finance, we laid
off minutes and records, one out of four people, we laid off ten people
in MIS services. All of those departments perform the services for the
board.
And we've tried routinely here to explain the overhead
allocations by numbers of employees and FTEs that do do the business
of the board versus employees that do the business of the courts.
We started out with a budget that segregated those activities. The
board originally took exception to the overhead calculation. That's a
methodology that Article V -- the state has reviewed that methodology
for allocating that overhead, and the board indicated you were refusing
to pay it.
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You have said on a couple of occasions that we wouldn't tell you
what payroll costs. At the commission meeting Mr. Brock indicated
to you, payroll was about 220,000. That included office supplies and
two-and-a-half people that are allocated to the board's side, okay.
We've answered those questions.
COMMISSIONER COYLE: Let me ask the County Manager
and Leo Ochs. Do you gentlemen have information which
substantiates what those costs are?
CHAIRMAN FIALA: You know what, I'm going to interject
again, and I'm going to say, maybe Dwight can't operate his office on
the fees that he collects because the economy is at a point where he
doesn't collect enough money to operate his office. So maybe he needs
us to pay over and above what it costs them to carry on our functions,
and maybe this is something we need to work out here at this meeting
so that --
COMMISSIONER COYLE: Wait a minute. We have no
obligation to pay -- take taxpayer money and use it for non-board
functions. If the clerk can't perform his fee-related activities because
his revenue is down, he needs to find a better way to do it.
But now, I want to get back to my question. We have this
constant debate. Yes, we gave it to you. No, we don't have it. I want
to find out whether we've got it.
Do we have information which substantiates the costs associated
with us -- all the services that the clerk provides to the Board of
County Commissioners?
MR. MUDD: No, sir, not in the -- not in the detail that you're
specifying. One of the things the board told us to do is to go out and
do a request for information, request for proposal, to see if the costs
that were provided were valid or not based on the market conditions
that's out there. We went out and did that.
And on, I believe it was the 3rd of September, I provided the
Board of County Commissioners the results of what we did for the
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request for information.
And what it basically showed us was, in the finance and county
side of house, we were probably a little heavy based on the estimates
of what their costs are and what the outside could do to the tune of
about one-and-a-half million dollars; therefore, the draft that I sent to
Dwight on Thursday basically for 2.5 million so we could start
someplace to negotiate where we needed to be.
Since that particular time I've received a document today -- and I
believe all the commissioners were copied -- about the interlocal
agreement to the tune of $3.7 million in that particular side of the
house.
We haven't had time to sit and talk about it, but we've got a figure
of $3.7 million. I've talked to staff. Our original estimate in more like
a cookie-cutter side of the housing without any finesse at all, we went
through the original 6.1 million and tried to figure out what was board
function or not, and we came out with about 3.5 as an estimate. And I
won't go back through all of that particular issue.
What I will say is the $273,500 has to do with court-related
money that you must, by statute, have to provide to the clerk, so that
part's there. That's part of that particular item.
In lieu of -- so I think I answered your question specifically.
COMMISSIONER COYLE: All right. Then I've got a solution.
You know, we're always in this business of where one side says they
need this much, we say we don't think you need this much, and we're
going to have to reach a resolution on that.
So why don't we agree to allocate one-twelfth of the $3.5 million
to the clerk immediately, or starting tomorrow or whatever, and that
gives us some time to work out and have the clerk demonstrate to us
what it costs to provide those services and give us the assurances we
need that we're not paying for things that we're not -- we're not
supposed to be paying for. And I do know that we're obligated by
statute to pay some other things on the court side, so I appreciate that.
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But there are things on the fee side of the house for the clerk that
we shouldn't be paying for, and ifhe's not getting enough money, then
he's just going to have to deal with it.
So if that's acceptable for everybody, that gets us away from this
stalemate that we're faced with, and it will give us 30 days to work out
the details and have the clerk demonstrate to us what it costs to do
these services, and then when we're comfortable with that, we can
allocate the rest of the money based upon that outcome. Okay? Does
that make sense?
COMMISSIONER HALAS: Can I ask a question?
COMMISSIONER COYLE: I need to find out from the County
Manager.
CHAIRMAN FIALA: Frank has a question to ask you on this.
COMMISSIONER COYLE: Oh, okay.
COMMISSIONER HALAS: The one-twelfth you're talking
about is based on the 3.77 million; is that correct?
COMMISSIONER COYLE: It can be 3.77 or 3.5, I don't care,
but whatever it is --
MR. MUDD: Commissioner, and one-twelfth happens to be one
month out of 12 months of the year.
COMMISSIONER COYLE: Yeah.
MR. MUDD: And the allocation specifically is -- you have to
come to an agreement by Florida Statute with the clerk and the board.
COMMISSIONER COYLE: And our --
MR. BROCK: Can I make a counter? Since there are, in fact,
front-loaded expenses in the operation of the office for the first month
of the year, about two-twelfths -- and we will be more than happy to
provide it to you, Commissioner.
COMMISSIONER COYLE: How about one-thirteenth?
MR. BROCK: How about --
COMMISSIONER COYLE: That's the way I negotiate. When
you go up, I'm going down.
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MR. BROCK: How about two-twelfths? How about
two-twelfths?
COMMISSIONER COYLE: No, I'm not into the doubling
business, but --
CHAIRMAN FIALA: I am.
COMMISSIONER COYLE: Does one-twelfth plus
one-sixteenth make any difference? No. You've got to tell me --
you've got to tell me from the staffs perspective, do you think that is a
reasonable solution to the problem?
MR. MUDD: Yes, sir. I think one-twelfth is a reasonable
solution, but I believe Mr. Brock has a point about having --
COMMISSIONER COYLE: All right.
MR. MUDD: -- he has some costs that he's got in the thing.
Now, ifhe wants to -- ifhe wants to go over -- what I will tell you, it's
not three-twelfths, okay, because it's going to -- we've got a cash flow
problem already until we get our first input from the ad valorem taxes,
okay.
COMMISSIONER COYLE: That's right.
MR. MUDD: And I've also sent you a memo that basically said,
here's what I've done. with our administrators and the department
directors to minimize our cash flow issues so that we don't get
ourselves in a problem area.
COMMISSIONER COYLE: Okay.
MR. BROCK: And I think my staff have already been working
with his staff with regard to trying to deal with the cash flow issue.
So, you know, if you can give us two-twelfths, we're going to leave
here happy people.
COMMISSIONER COYLE: Well, I don't want you to be happy,
okay? Because if you're happy, I'm not happy.
CHAIRMAN FIALA: No, no.
COMMISSIONER COYLE: But we can find a -- we can find a
happy medium here somewhere. But the thing is, explain to me what
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the front-loaded costs are.
MR. BROCK: All of the fixed costs with the maintenance
agreements and things of that nature that come due in the first month.
I don't know the answer to that.
Crystal?
MS. KINZEL: Somewhere in between there. It calculates each
payroll.
MR. BROCK: And there's -- when is the pay side?
MS. KINZEL: Not this week, next week.
MR. BROCK: Next week.
COMMISSIONER COYLE: Yeah. So you don't have to pay
that on the first of the month, yeah.
MR. BROCK: The first of the month. So how many do we
have?
MS. KINZEL: Two.
COMMISSIONER COYLE: Two.
MR. BROCK: Okay. We only have two in October.
COMMISSIONER COYLE: So that minimizes your upfront
costs.
MR. BROCK: Give us -- give --
COMMISSIONER COYLE: Forty-five days?
MR. BROCK: Give us -- that's good. Forty-five days will do.
We'll work on 45 days. I mean, we -- Commissioners, the bottom line
here is, this is not going to bring back the employees, and I'd like to
bring back the employees. But I mean, I want to continue the
operation of the office. Obviously I want to bring back as many
employees as I can, you know.
COMMISSIONER COYLE: Well, so would we, but we've got
450 employees out. So we've all got a problem with that report, so --
MR. BROCK: Four hundred fifty employees?
COMMISSIONER COYLE: Well, I'm trying to work out a deal
here in the proposal. If you want to solve the problem, let me do it. If
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you've got 45 -- okay. Yeah, if you've got 4- -- if we're going to agree
on 45 days and you're going to commit that you're going to work with
the staff so that you can justify that cost, then we'll develop an
interlocal agreement that recognizes that, and then we're solid, okay,
and hopefully it will be an interlocal agreement that will be ongoing
beyond the fiscal year so that we don't get in these fights every year.
Is that okay with you?
MR. BROCK: I mean, obviously I'm going to take what I can
get to keep these employees employed, so --
(Applause.)
MR. BROCK: It doesn't make any difference what it is, but
obviously it's not my preference.
COMMISSIONER COYLE: Okay. Well, we all have to make
tough choices that we don't like, none of us. But anyway -- okay.
Now, that's my proposal, that we give the clerk 45 days of the
annual budget of $3.5 million; is that what we said?
MR. MUDD: Yes, sir.
COMMISSIONER COYLE: Okay.
MR. MUDD: Plus you've got the -- okay. And then you've got
the court-related --
COMMISSIONER COYLE: Court-related issues, okay.
MR. MUDD: -- for 273-, so let's add --
COMMISSIONER COYLE: So that's roughly 3.77.
MR. MUDD: -- it together to get 3.773500.
COMMISSIONER COYLE: Okay. So we give the clerk 45
days of that out of 365, and we're going to work toward justifying that
cost and create an interlocal agreement which obligates us to pay the
clerk and the clerk to perform the services that we are paying him for.
MR. BROCK: As you do that, understand that brings no
employees back online.
COMMISSIONER COYLE: We're -- the deal is, you're going to
provide the functions that the board requires. You're going to pay
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payroll. You're going to do the accounts payable. You're going to pay
the vendors.
MR. BROCK: To the extent that the level of funding you have
provided me I can do.
COMMISSIONER COYLE: We just agreed that 3.5 plus
200,000 would do the trick for you.
MR. BROCK: That will pay the payroll of the employees that I
have on staff, Commissioner. That will not run the office in the
manner in which it has been running in the past. It will not perform all
of the functions that have been performed in the past.
I have laid off 43 employees to be able to get with -- where we
could meet payroll with 3777 -- $3.777 million, okay.
So I don't have the ability to provide the same level of service
with 43 less employees that I did whenever I had the full complement
of my staff.
CHAIRMAN FIALA: Commissioner Coyle, are you finished?
I'd like to -- I'd like to get on --
COMMISSIONER COYLE: Nothing ever gets finished here,
really.
CHAIRMAN FIALA: You get a turn again.
COMMISSIONER COYLE: No, I don't want a turn again.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. You know, this is
just going to -- what's being suggested is just going to come back here
again. I mean, you're saying that you have to justify your existence
when we don't even put that demand on our own. Isn't that
something?
COMMISSIONER COYLE: Of course we do.
COMMISSIONER HENNING: No, you don't. Your own
department that approved the budget, you said -- you never said to
them, prove it to me that you're a benefit to the Board of County
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Commissioners. You never said that.
COMMISSIONER COYLE: Yes, we do.
COMMISSIONER HENNING: No, no you don't.
(Applause.)
COMMISSIONER COYLE: We set budget policy. We set
budget policy for them.
COMMISSIONER HENNING: And I'll tell you, there's a lot of
departments back there that I'd like to privatize, but it -- it never was
suggested here. All right.
So -- and we never did it to any other constitutional officers, so
how can we say -- and I'll go back to, it's a personality issue between
constitutional officers, and this is not public service, okay. And we
need to get beyond this personal stuff and work for the citizens of
Collier County.
(Applause.)
COMMISSIONER HENNING: And we don't need this. And we
don't need this. I appreciate it.
But doggone it, if you're going to clean house, you got to start
with your own house. All right?
COMMISSIONER COYLE: Are you finished?
COMMISSIONER HENNING: No, I'm not finished. I'm not
going to accept what you're doing, because I don't want -- I don't want
to see these people here again. I want to provide the Clerk of the
Court enough money to run his operations for a year just like we did
to the other constitutional officers.
(Applause.)
CHAIRMAN FIALA: But they're budget officers.
COMMISSIONER HENNING: And they're budget officers.
COMMISSIONER COYLE: You finished?
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER HENNING: I'm going to make a motion --
I'm going to make a motion that we adopt this -- this agreement,
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mediated agreement, okay, and direct the County Manager to do a
budget amendment to memorialize this agreement and give the clerk
two-twelfths for fiscal year 2009/2010.
CHAIRMAN FIALA: The agreement is for $5 million?
COMMISSIONER HENNING: Correct.
CHAIRMAN FIALA: Just to clarify it for the audience and for
the TV stations.
COMMISSIONER HENNING: Yeah. I can read one through
four if you'd like, but there's a lot more than --
CHAIRMAN FIALA: Well, see, nobody can see this but us up
here.
COMMISSIONER HENNING: Okay. Number one, number
one is, fund the clerk of $5 million in addition to the 273,500 budgeted
that's in our existing -- or our upcoming budget.
The parties will dismiss the case number 2007-1 056-CA, and
each will pay their own attorneys' fees.
Number three is, the settlement agreement shall not be
considered precedent and authority for the clerk's annual budget
submission either in the amount of characterization of interest income
or the county's annual budget to the clerk.
Number four is, again, we've discussed that in detail -- it's $6
million is the clerk's, and he's to return whatever he doesn't use this
fiscal year back to the Board of Commissioners.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me just respond to some
of Commissioner Henning's comments because they're absolutely
wrong.
The point is that we have regularly dealt with other constitutional
officers on this basis. We had very intense debates with the Sheriff
several years. We required them to justify their overtime. We provide
budget guidance to our staff up front and we tell them what we're
going to provide for and what we're not going to provide for. They
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have to justify any increased service levels. They have to justify any
increases in personnel. We mandate that they retain the same level of
staffing, or else in some cases we even reduce it for them. So we do
all of that up front, and that's how we control the costs in our area of
responsibility .
So what you're doing is you're just throwing $5 million out there
because that's what somebody requested without any justification
whatsoever. We have asked time and time again, how much does it
cost to provide these services, and we have not gotten the answer.
The only way you're going to get that answer is to negotiate an
interlocal agreement with the clerk and understand what it costs to
provide the services that we need. If you pass up that opportunity,
you're never going to get it again.
COMMISSIONER HENNING: Can I respond to that? Can I
respond to that?
CHAIRMAN FIALA: Okay. I'm sorry I keep making you wait.
COMMISSIONER COLETTA: That's okay. I'm getting used to
it.
CHAIRMAN FIALA: I'm sorry, I'm sorry.
COMMISSIONER HENNING: You know, the number is not
just thrown out there. The number was a two-day mediated settlement
by our staff, Commissioner Fiala -- God bless you for being there for
two days -- and the County Attorney's Office and the Clerk of the
Court and his representation. So it's not just throwing something out
there. I mean, they spent more time on this than we do with our
billion-dollar budget, you know.
MR. BROCK: Commissioner, if we can make this work, we're
going to save money, I can tell you, in attorneys' fees, which is a
benefit to everybody.
CHAIRMAN FIALA: Commissioner Coletta. I'm sorry you've
waited so long.
COMMISSIONER COLETTA: No, that's okay. There's a lot of
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different issues that are coming up here, and I mean, it's getting late,
but --
CHAIRMAN FIALA: And we've got five speakers.
COMMISSIONER COLETTA: -- by God, we're all sticking to
it, and I appreciate you being here.
You holding up okay?
MR. BROCK: Yeah.
COMMISSIONER COLETTA: You want to sit down?
MR. BROCK: No. I sit down whenever I need to.
COMMISSIONER COLETTA: Because we've got a seat over
here, right next to Commissioner Coyle. He'd love your company.
COMMISSIONER COYLE: Put him down there.
COMMISSIONER COLETTA: He wouldn't have to talk so loud
to be able to be heard.
This agreement's the one that originally came before your
mediation group, right? This is the one that we were about to approve
on the 15th; is that correct?
Okay. Dwight?
MR. BROCK: I'm assuming that that's the mediation that we're
talking about, the agreement.
COMMISSIONER COLETTA: Elected official to elected
official, if we were to approve this, would you be able to turn back
that $6 million a little bit earlier to keep us out of a financial crisis?
MR. BROCK: I will be able to turn back something of it.
COMMISSIONER COLETTA: You'll be able to what, sir?
MR. BROCK: I'll be able to turn back some of it, I'm sure.
COMMISSIONER COLETTA: Well, talk to me a little bit,
because we have a financial crisis.
MR. BROCK: Obviously I have to continue running the office.
Obviously I don't know exactly what there is out there that we have to
pay, but I will put Crystal on the task of trying to get money back to
you, okay.
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COMMISSIONER COYLE: That makes me feel comfortable.
COMMISSIONER COLETTA: Yeah. I'm not sure if that gets
me what I -- the comfort level.
I'm just -- what I'm trying to do is see if there's some sort of
medium ground that we can reach here so the commissioners will
finally come to an agreement and you and everybody else can go
home tonight.
If this agreement stays whole, could you, tomorrow -- in other
words, if we agree to it, or on the 1 st of October, turn back to us 4
million of the 6?
MR. BROCK: I will loan to you 4 million of the 6.
COMMISSIONER COLETTA: Okay. I'm going to leave that
for discussion with my commissioners. That's a suggestion, and I want
to open it up for discussion.
. CHAIRMAN FIALA: And now, Commissioners, we've had five
speakers here, and I haven't called on them because I felt that that
wasn't the appropriate time, but I will have Sue begin to call the
speakers now.
MS. FILSON: The first one is Duane Billington. He'll be
followed by Georgia Hiller.
MR. BILLINGTON: Good evening, Commissioners. Quite a
day.
I have corresponded with this board and told you-all that I'm
happy as a taxpayer. Because of the chemistry amongst you, we have
the best government in Collier County. I also feel as a taxpayer,
because of the job that Dwight does, we have the best Clerk of Court
in Collier County.
(Applause.)
MR. BILLINGTON: And as a taxpayer who doesn't like
lawsuits, I kind of -- I'm sitting back here and I'm feeling like a parent
watching his children squabble, and that's costing me money every
time I turn around.
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September 29, 2009
And please --I'm trying to do this as lightly as I can. Let's get
this done. I'm tired of it. The rest of the community's tired of it.
Dwight, give these people some figures a little more solid than
what you're offering. You guys, let's get this done. Let's get over
with. I'm tired. I've got to go home. My dog's got to pee. There's
nobody there to let him out. Let's get together and just settle this.
I've never seen so many good people, honestly good people,
butting heads. Get over the past animosities, try to forget what's
happened before. Let's get this done, please. Thank you.
(Applause.)
MS. FILSON: Georgia Hiller. She'll be followed by Marcia
Cravens.
MS. CRAVENS: I'll cede my time to Georgia.
MS. FILSON: She'll be followed by Harold Hall.
MS. HILLER: Georgia Hiller, Commissioners. Candidate for
county commission, second district.
Slashing the clerk's budget while increasing the millage rate by
13 percent to keep the county's budget at 100 percent makes
absolutely no sense. What you are doing, Commissioners, is appalling
from the prospective of the taxpayer.
Commissioners, I'm not going to go into the details I shared with
you this afternoon about what the taxpayer and what I think you are
really up to, but what I will say is that it is absolutely, to use
Commissioner Coyle's word, reprehensible that you are using the
clerk's employees as scapegoats to advance your agendas.
The clerk has had no choice but to reduce his workforce by 24
percent this year because of what you have done to his budget.
Almost all of his budget is made up of personnel services. The only
thing the clerk can do to meet his budget and the only thing he could
have done was to lay off people. And with this most recent budget cut
that you propose, which I now hope is off the table, he would have
had to lay more employees off.
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Commissioners, do you know how many employees, how many
county employees you've laid off in the last 12 months? Do any of
you have any idea of the exact number? Well, I do.
Let's get into the facts. You have reduced your workforce by 2.4
percent in the last 12 months. On September 19, 2008, there were
1,893 payroll checks and advices issued to your county employees.
On September the 18th, 2009, there were 1,848 checks and
advices issued to your county employees. That means 45 county
employees were terminated out ofa total of 1,893. As I said earlier,
that's a 2.4 percent change.
Commissioners, these people have families. You are playing with
their lives. Stop it.
And let me add another thing, there are families out there that are
losing jobs. It's frightening. I had lunch with an engineer last week
who had to layoff ten people, and in this last year he had to fire 50
percent of his staff, and you're keeping your budget the same? And
you're keeping your employee levels the same? And you're taxing
citizens more? It's unconscionable. Think about it. Thank you.
(Applause.)
MS. FILSON: The next speaker is Harold Hall. He'll be
followed by Don Hunter.
MR. HALL: Harold Hall. Thank you for allowing me to talk
.
agaIn.
I want to give you two reasons for funding the clerk's budget, and
I'll give you examples for those two reasons. The first reason is to
help you.
Give you an example. American Ambulance. The
commissioners -- the clerk helped the commissioners by auditing
where the money was going to American Ambulance after American
Ambulance got it.
When the clerk turned over the information, the audit information
to the board, the board canceled the contract. Three of the
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September 29, 2009
management of American Ambulance served time. The board
appreciated the help of the clerk.
Naples Stadium. That's a good one. Okay. That's a -- that's
reason number two. That is to help the public against the board.
Three members of the board and the County Manager were convicted,
okay. That's number two. Okay.
The combination of the -- but I'll start with the $21,000 check
that your employee deposited in a personal account controlled by that
employee. Ever since that time, the friction has come about. It's
escalated, escalated. I'm not going to get into a discussion on who did
what. I've been over a little bit of that with the County Manager,
Deputy County Manager, with two or three of the commissioners.
But I can tell you this, the clerk needs adequate funding to do the
job for you and for the public. You have an obligation to yourself and
to the public.
I have followed the clerk's budget for 35 years. I have followed
your budget, but not as closely, for almost that much.
The clerk asked for 6.1. I've looked at his budget very closely,
and your budget; spent five hours on your budget in the last two days.
The clerk needs about 5 million to do the job for you and for the
public. Give the clerk the money and stop all this nonsense.
(Applause.)
MS. FILSON: Your final speaker is Don Hunter.
MR. HUNTER: Good evening. Don Hunter, citizen of Collier
County and -- concerned citizen.
I have also watched the clerk's budget. As a constitutional
officer, former, I would frequently find myself wondering how our
constitutional officers in other responsibilities run a -- are not required
to continually increase their budget in order to meet the demands of
the growing county as the Sheriffs Office seemed to be.
And one of those constitutional officers that I noticed as a very
small usually annual percentage increase was the Clerk of Courts.
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September 29, 2009
I've also worked with both Dwight Brock -- on both sides. He's a
former litigator. He's very -- he's a studious fan of the law, and I can
assure you that, although I don't always agree with his assessment and
interpretation, I honor and respect his view of it.
Have also worked with Crystal Kinzel as our budget officer --
and I know you're not supposed to do that, but I'm getting a crick in
my neck here. I respect her view of what it takes to run the Clerk's
Office.
Most us here sitting, although we've listened to the dialogue
tonight -- and I think it's productive -- realize that budgets are nothing
more than predictions of what the costs are going to be because we
don't have crystal balls. We don't know what's going to happen to us,
transpire in any given office in the next year.
So I'm satisfied and I trust the judgment of our elected clerk that
the $5 million that was mediated in the agreement is the amount
necessary for him to perform the duties that I as a taxpayer require
him to do.
I would ask that the board honor the mediation. Having gone
through a number of mediations, those are very arduous exercises.
But in the end you come to the agreement. It's been hammered out. I
would recommend that the board honor that agreement, let the clerk
move forward with his office, and preserve the constitutional office of
Clerk of Courts in this county. Let him restore those 43 positions.
You have evidence that that is exactly the final outcome of the --
of the dickering that has occurred, and I like the fact that you are very
careful with the taxpayer's money and always have been, with me as
well.
But I believe after listening to it, having an opportunity to discuss
this, that you should honor the mediated agreement and restore the
clerk to where he was under that agreement.
And may I take my final few seconds to say I'm sorry to see Jim
Mudd leave. I respect him, I honor him. I appreciate your service,
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September 29, 2009
Jim, not only to this county, but also as a military officer, and we're
sorry to see you go, but God speed.
(Applause.)
MS. FILSON: That was your final speaker, ma'am.
CHAIRMAN FIALA: Okay, fine. My -- the first one at bat is
Commissioner Henning.
COMMISSIONER HENNING: No, I made a motion.
CHAIRMAN FIALA: Oh, but your light was still on. You
didn't --
COMMISSIONER HENNING: Yeah, I don't remember. It's
been so long ago.
CHAIRMAN FIALA: I don't blame you.
Commissioner Halas?
COMMISSIONER HALAS: Yes, just for clarification. How
much of county staff have we reduced? There was a figure that was
thrown out there, 2 percent; is that correct?
MR. MUDD: Yeah. What you got from a speaker was amount
of checks cut, okay . We do checks for travel, you do checks for a lot
of things. You do checks for part time. And so I believe when you
take a look at checks cut versus what you have for people that are
there, I believe you'll get a different number, sir. So I just want to
make sure that you're aware of --
COMMISSIONER HALAS: That's why I asked the question.
How many people have we furloughed or have not filled positions in
the last two years?
MR. MUDD: Yes, sir. I can go -- I can get you that number.
Right off the top of my head, I don't have it sitting here.
COMMISSIONER HALAS: Oh, okay. It would be interesting
to have that number and bring it back.
MR. MUDD: Sir, we're around 400 or so, but if you want to
know how many vacancies, how many are sitting there, VSIP'd and
other things like that, I can break it out in excruciating detail for you.
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COMMISSIONER HALAS: Maybe we've got the answer right
here.
CHAIRMAN FIALA: Is the answer coming up?
MS. PRICE: I've got at least part of the answer that you're
looking for. We have currently 450 frozen positions, but that's over
the last two years.
On September of '08, we had 1,633 full-time employees and 82
part-time employees. September of '09 we have 1,568 full-time
employees and 783 part time. We've had 58 layoffs in the last year,
and 103 people left or are leaving in the next few months under the
VSIP program this year.
COMMISSIONER HALAS: Thank you very much.
I want to make sure we get the record straight, that when people
come up here and come up with figures, that the figures are correct.
Thank you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Just to amplify that a little
bit. I think you have to go back further than two years. We started
cutting the budget three years ago, long before every body -- you
know, budget cuts became popular.
We've trimmed almost $80 million out of our budget over that
period of time because we knew what was coming and we started
early.
So using these figures between last year and this year is just
totally misleading, and it's a distortion of the facts. So that kind of --
that kind of rhetoric is just not going to get us anywhere and not solve
any problems except create more hostility. But nevertheless.
I will -- I will say to you board members that one of the problems
that we have had is reaching an understanding between the clerk, what
he views his job to be and what we view his job to be. We've battled
five years over the interest issues, and we've -- it's been very difficult
to solve all those.
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September 29, 2009
If you don't take the action now to work out an interlocal
agreement with the clerk, you're going to be right back in this position
next year, or it may be earlier. If you don't take advantage of an
opportunity to do that, then you're only postponing the problem.
So I urge you to reconsider your position that -- there is a way to
solve this problem. The clerk hasn't said he needs all that money
immediately. Give him what he needs for the first 45 days and then
work out the details for the rest of the money. If it turns out to be 5
million, then it's 5 million, but don't start with that figure. At least
take a reasonable position and determine what is justified.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: The other thing I think is very
important amongst all constitutionals is that there's transparency so
that everybody has a full understanding of what it takes to run this
county. And I believe in the past we haven't had that much
transparency.
There was a time when Sheriff Hunter, when we had some
concerns about his budget. Yes, it was something that was a trying
time, but you want to know something? He ended up coming before
the board and was very transparent about exactly what it took to run
his budget. And you know what, we ended up being great friends with
the Sheriff. And the present Sheriff we got, he's very transparent in
regards to what is going on.
That's all we're asking for, because we're here to make sure that
the taxpayers' money is spent in the manner that it should be spent.
We're here as a board running a company, and we want to make sure
that the taxpayers who are the shareholders in this -- in this county are
getting the biggest bang for their buck.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Commissioner Coyle, what do
you -- what do you want in some sort of agreement? Why can't we do
that right now?
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September 29, 2009
COMMISSIONER COYLE: You haven't been able to do it in
the last seven years. Why do you think you're going to be able to do it
in seven minutes?
The point is that you have an opportunity to sit down and work
toward a common goal over the next 45 days while the clerk is funded
to do the job. And if it turns out to be $5 million a year, then make
that determination once you've got the data. Don't just throw out 5
million right now. Look at the data and see what is justified.
COMMISSIONER HALAS: Maybe it's even more.
COMMISSIONER COYLE: It might be more.
COMMISSIONER HENNING: Well, wait a minute, wait a
minute. I -- I thought my question was specific.
But let me just remind everybody, his request for budget was
$6.2 million during the process. It is negotiated at $5 million. Now
I'm hearing 3.5, $3.7 million.
I -- you said that you wanted to get an agreement done so we
don't have to be up here time and time again. Now, the only
outstanding issue that I know of is the action that we took earlier
today. Is there any other thing that you want to resolve besides the
auditing?
COMMISSIONER COYLE: Well, yeah. I want to know how
much it costs to do our payrolls, I want to know how much it costs to
do the accounts payable. I want to know how much it costs to do all
the functions that the board requires the clerk -- or the clerk is
obligated to do for the board.
So I just want to be able to have a budget that I have confidence
in and that has been properly justified. That is not too much to ask for
here.
COMMISSIONER HENNING: Well, sorry. Somehow we're
mis-communicating. You wanted -- what I heard you say is you
wanted some functions, so we understand what the functions of the
clerk is.
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September 29, 2009
COMMISSIONER COYLE: That's right.
COMMISSIONER HENNING: What you're talking about now
is something -- and I'm not going to go there, because we haven't even
done it in our own house, and we never have done it.
Nobody has told me -- and, in fact, I've asked for empirical data
for the fees in community development, and they goo-goo eyed
because they've never done that. You can't justify something without
the data.
There are so many things. I mean, why don't we look at
Wackenhut for the operations of Code Enforcement at animal control?
You know, we -- until we do our own house, how can we -- how can
we go outside and say, I want you to do this? Until we clean up our
own house. If this is the way we want to proceed, then we should do
it to ourselves first.
CHAIRMAN FIALA: But we've got to get -- we've got to get
this settled tonight for at least this coming month, and then we can
work out whatever agreement you're talking about. We had an
agreement settled here for the year, and if that isn't something that you
can live with, if you feel that more data is required, then maybe we
can at least make a recommendation for this coming month.
And that's what you're going to do?
COMMISSIONER COLETTA: No. What I'm going to do is
give some observations and ask some questions.
You know, I thought we were coming up with some good
direction and everything, but the more I hear the rhetoric that keeps
going on in the room and the attacks I heard coming from several
different directions, I'm totally turned off. Where I was willing to
make a settlement tonight and bring this whole thing to an end, I'm
totally turned off by the presentations I heard, the comments I heard,
the misrepresentation of facts from various places in the room, they
way we -- that some people have tried to reach beyond what this
discussion is to bring discredit upon this commission that's been
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working very good.
And as far as this Collier County Commission, I haven't heard
that for years. I was so put off by Harold Hall's comments about the
commissioners that were arrested years ago and trying to draw a
comparison with this commission.
Mr. Hall, you owe us an apology, and I don't know when that's
going to come, but that has no relationship to this commissioner.
We're above reproach.
Okay. For that, I'm going to go to the County Attorney. Thank
you very much. You just kind of cemented the direction I want to go.
Could you please advise me, Mr. Klatzkow, how we're -- what
our options are legally. If we don't want to come to an agreement with
the clerk or we can't come to an agreement today, can we take this to
court and let a judge make the decision of what the clerk's going to
get? No, go ahead, keep going.
Meanwhile, why don't we all get together and order pizza?
UNIDENTIFIED SPEAKER: What about the husbands that's
been laid off, and I have a furlough day where my pay's been cut, too.
I've got four people in my house.
COMMISSIONER COLETTA: Yeah. Talk to your boss. We
had the money in place for everything to work. You heard what took
place. Your boss was the one that laid everybody off. We didn't.
THE AUDIENCE: You cut the budget.
CHAIRMAN FIALA: Okay. Now, we can't be carrying on
conversations with the audience. And I'm sorry. I know everybody
would like to say something, but we're not going to get anything
settled by arguing. We need to settle this. We need to walk out of
here tonight with some type of a settlement.
COMMISSIONER COLETTA: Or else agree that we can't
agree, and find out what the next option is down the road.
CHAIRMAN FIALA: Well-- but some decision has to be made
so he can function, so he can run his offices, so we can run the county
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September 29, 2009
government.
COMMISSIONER COLETTA: Let's hear from Mr. Klatzkow.
CHAIRMAN FIALA: Okay.
MR. KLATZKOW: If you do not get into a settlement today, the
clerk has said he's going to shut down his operations, and we can't
have that. I would ask you following any vote not to settle this case, to
authorize my office to go to court for a written mandamus to keep the
clerk's office open.
The court is going to require the county to fund the clerk. I can't
tell you how much that's going to be. I would probably ask the court
to appoint an independent auditor to sit down and figure out what the
value to the board is of the services that he's required to give the
board. I don't know what that amount will be.
I will tell you that if you are going to go into litigation, you lose
all control over the situation. At that point in time, whatever the
ultimate number is that's going to be determined by a judge, that's
what the number's going to be. It could be more than 5 million, it
could be less than 5 million. I don't know.
CHAIRMAN FIALA: Now we had an agreement settled --
MR. BROCK: Commissioner, do not go there.
CHAIRMAN FIALA: We had an agreement settled. We all--
we all were happy, of course, until you took the money out of the
account. We didn't know that was going to happen.
Now, how can we -- and we don't know how much we're going to
get back. How can we start off with the settlement that we had
already agreed upon, somehow put the -- put the fact that the money
was drawn out of the account aside, and just get back to where we
were with the settlement? We've got to have a settlement here.
MR. BROCK: I mean, Commissioner, let me make a suggestion,
you know. The $4 million that you and I talked about, I can loan that
to you, and I will have plenty of money to separate -- pay the bills
through the closing period, okay.
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September 29, 2009
You give me two-twelfths of the money and one-twelfth -- or
one-eleventh for the remainder of the 12 months. I will have Crystal
sit down with your staff and go over and show exactly where that
. .
money IS gOIng.
I mean, I did that, I thought, with Mr. Ochs. Obviously, it didn't
work, but we will work toward that objective.
COMMISSIONER COLETTA: And this is --
MR. BROCK: Allow us to put the people back to work and
allow us to move on. And let's don't, let's do not be opening another
can of worms with another court case.
CHAIRMAN FIALA: Right.
COMMISSIONER COLETTA: Okay. Mr. Brock, if we went
along with that, the understanding would be, is those things that are
still out there that we have going forward and are coming to a
conclusion in the near future continue?
MR. BROCK: What -- those things?
COMMISSIONER COLETTA: I'm talking about the different
issues that we have out there with the court cases that we're trying to
bring to some finality. We have issues with the Florida Association of
Counties, wants to make sure we follow through on some of the
issues, to be able to bring a final -- bring it to a final end either within
the court system or at the legislative end of the system. It doesn't
mean that we would stop with that particular effort, and we'd go
through it in a friendly way?
MR. BROCK: Wait, are we wanting to stop the litigation?
COMMISSIONER COLETTA: No. That's what I -- I'm not
about to that point now.
MR. BROCK: Okay. If I'm understanding what you're saying,
you're saying that, you know, if we go through with the litigation
what?
COMMISSIONER COLETTA: No, I'm sorry, Mr. Brock. What
I'm saying is that if we agree to this budget thing, this has nothing to
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do with the outstanding litigation that's out there.
MR. BROCK: Right.
COMMISSIONER COLETTA: And it doesn't automatically
make it cease and come to an end.
MR. BROCK: Okay.
COMMISSIONER COLETTA: Okay?
MR. BROCK: Do I agree that that's the case, it doesn't make it
cease and come to an end?
COMMISSIONER COLETTA: Right, that's part of the
agreement.
MR. BROCK: Yes, absolutely.
COMMISSIONER COLETTA: Okay, good. I mean, we both
agree --
MR. BROCK: Absolutely.
COMMISSIONER COLETTA: -- this is an issue that still has to
be settled.
MR. BROCK: Absolutely.
COMMISSIONER COLETTA: And the cost is minor and it will
bring a final --
MR. BROCK: Well, I don't know about that, but the cost is what
it is. You know, we will have to resolve that.
COMMISSIONER COLETTA: Okay. Well, you got my
attention again.
MR. BROCK: You do it.
COMMISSIONER COLETTA: Let's see if we got--
MR. BROCK: I mean, let's do it. It's seven o'clock, folks. Let's
do it and put it to bed and move on.
COMMISSIONER COLETTA: Well, I don't have to do
anything till four tomorrow morning when I have to go make a flight,
so I got plenty of time.
MR. BROCK: Unfortunately, I do.
CHAIRMAN FIALA: Try to do something right now though,
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September 29, 2009
huh?
COMMISSIONER COLETTA: Okay. What I'd like to do is, I
want to get this up for discussion, because I'll be honest with you,
Commissioner Coyle has been swaying my heart in his direction with
some of his suggestions and everything, and -- but I'm going to make
the motion that we go ahead with the agreement as previously put
together with the understanding that $4 million will be returned to the
county tomorrow.
MR. BROCK: I'll loan it to you tomorrow.
COMMISSIONER COLETTA: Okay. Let me -- let me see if I
understand the word loan. In other words -- I'm sorry, please. A little
more with the word loan on it, just because I -- I mean, this is --
MR. BROCK: That's all I can do with it, Commissioner, all I can
legally do to it is loan it to you.
COMMISSIONER COLETTA: Is that correct, Mr. Klatzkow?
CHAIRMAN FIALA: And do we have to pay that back?
MR. BROCK: No. I mean, when it -- the end of the month, that
due from and due to will be swept.
COMMISSIONER COLETTA: Okay. Well, let's see if there's
anything out there as far as my fellow commissioners go on this, if
there's any kind of support for that.
COMMISSIONER HENNING: Yeah, I'll second your motion.
And I understand what he's saying by loan. In another 30 days, as of
October 1, we'll have that 4 million and whatever else is -- that you
have that you haven't expended.
MR. BROCK: Right.
COMMISSIONER HENNING: But you don't know what bills
are going to be coming in that you incurred this year.
MR. BROCK: That's right.
COMMISSIONER COLETTA: That's the reason why 4 million.
As he said, he'd be returning most of the 6 million.
MR. BROCK: Right.
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September 29,2009
COMMISSIONER COLETTA: I just want to try to see if I can
avoid a cash crisis on our end by being able to get some of this money
in early. And I'm not even saying this -- I might -- I might pull this
motion as we get the discussion going, but at least I think this is
something where you and I, between the two of us, are talking about.
I got a -- I think I got a second from Commissioner Henning?
COMMISSIONER HENNING: Yeah, and then the terms of the
payment is two-twelfths of the 5.27 million, and the rest of it --
MR. BROCK: One-eleventh per month.
COMMISSIONER HENNING: -- one-eleventh per month.
COMMISSIONER HALAS: So that would be --
CHAIRMAN FIALA: That would be 13 twelfths.
MR. KLA TZKOW: I don't think one-eleventh is quite the right
math, but I think I understand the -- it's two-twelfths up front, and then
the remainder would be equally divided.
MR. BROCK: One-eleventh of the remainder.
CHAIRMAN FIALA: There you go.
MR. BROCK: Okay, I'm sorry.
COMMISSIONER COLETTA: Okay. I include that in the
motion. Include that in the second?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second finally.
And Commissioner Coyle?
COMMISSIONER COYLE: I would like to hear from the
County Attorney and the County Manager concerning the benefits of
having an interlocal agreement with the clerk and the amount of
money that is being allocated without justification at this point in time.
MR. MUDD: Okay. First -- Jim Mudd, County Manager, for the
record. First we have -- oh, since 2007, been having a debate between
who's a fee officer and who's a budget officer in this particular regard.
Again, this particular year, the clerk has declared himself a fee
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officer. Now, Dwight, if I'm misspeaking, you let me know. That is
my -- that is my understanding.
There's been so much conversation right now, I'm not too sure
who's doing what to whom anymore. But what I will say to you is,
he's basically declared himself as a fee officer.
On -- around 21 September, Ms. Hubbard basically sent a memo
to each one of the commissioners that basically said that, in the Circuit
Court, that the court found there was no merit to the clerk's argument,
that the board had an implied contract to pay for his services.
So -- and that -- the Florida Statute 28.24 basically didn't cover
the fee amounts that were appropriate for the -- for the services they
provided to the Board of County Commissioners.
This basically -- this interlocal agreement, if we can get it so that
it is a direct relationship between, here's the fee that he's charging to
provide the service to the board, it gets you in a place where this board
will have to go in the future if this continues, because even the
interlocal agreement that sits -- that I got this morning -- and the
interlocal agreement that I sent Mr. Brock last week basically says the
interlocal agreement is good for a year, so you still -- you still got to
hash it out a year from that particular case.
You need to know what the fee is and what the cost of the service
is that's being provided to the Board of County Commissioners in
order to lay this down and to stay in keeping with Mr. Brock's
declaration that he's going to be a fee officer.
That's the benefit of the interlocal agreement, so you get
resolved, and then you have a place to start the negotiation next year
to fine tune it or whatever you want to do.
Did I answer your question, sir?
COMMISSIONER COYLE: Yes. So now what do you have to
say about the difference between the 3.5 million and the 5 million?
You've already told us that you think it's a wise thing to work out an
interlocal agreement so we eliminate these misunderstandings that
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September 29, 2009
have plagued us in the past.
Now, what is your position with respect to the difference in
amounts of money that are being proposed here?
MR. MUDD: Okay. I'll go back to a previous comment that I
made based on what staff -- my staff did with the budget that was
presented in June, and I'm talking the 6.1 million, where we went
down and tried to figure out those things that had -- in that budget had
a direct benefit to the Board of County Commissioners that my staff
came up with around with $3.5 million.
The board basically, at that particular time -- and this was during
a workshop in June -- basically came back and said, okay, 3.5. If,
Dwight, you can come forward with $1.5 million over and above the
interest moneys or the turn-back money that's in the budget, we will
take that 1.5, add it to the 3.5. You have $5 million to do the budget
side of the house.
From what I -- from what I understand, and I wasn't there during
the mediation because of issues that I'm having right now, headache --
but what I will tell you is, to get the specificity of the 1.5, nobody
could guarantee it, and that -- and I'm using hearsay from Mr. Ochs in
that particular juncture because he was there during the mediation.
So there's kind of where we -- where we sit in the mediation
agreement, a total of $5 million. And I wasn't there for the specifics on
how they came up with not having the 6 or whatever, but I will tell
you there's a certain amount of money that's budget for reserves, and
any shortage in those particular dollars puts a crunch on the budget
that you basically just approved a couple days ago.
MR. BROCK: And isn't there $5 million in that reserve account?
MR. MUDD: Mr. Ochs?
MR. BROCK: So that deals with that $5 million.
COMMISSIONER COLETTA: So you're upping it a million?
MR. BROCK: I'm upping what?
COMMISSIONER COLETTA: You said you're --
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September 29, 2009
MR. MUDD: Well, what he's basically --
COMMISSIONER COLETTA: I thought I'd give it a try.
MR. MUDD: Is there $5 million that's been put over to -- been
put over into reserves in order to work through the issues that we're
having with the Clerk of Courts at this particular juncture. One
represents --
MR. BROCK: Sure. Go ahead. I didn't mean to interrupt you,
Jim.
MR. MUDD: -- $3.5 million, and that would be ad valorem, and
another 1.5, depending on what was going on, and that's what the
OMB staff put in that particular reserve account.
MR. BROCK: There's $5 million in that reserve account that we
can solve this entire issue this afternoon with the interlocal -- mediated
agreement.
COMMISSIONER COLETTA: So what do we have left to do,
make an interlocal agreement? This isn't the interlocal agreement?
MR. MUDD: No, sir. If you're talking about $5 million, what I
have on this is 3.5 plus a new 100 -- an additional 273,500 that has to
do with the court budget.
COMMISSIONER HENNING: Can I make a suggestion?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: As far as the interlocal
agreement, is, direct our staff, within six months of the new budget, is
to look at the Clerk of the Court's finances and see what's expended
and start working on an interlocal agreement for 2010/2011 budget.
MR. BROCK: Oh, I don't have a problem with that.
MR. MUDD: I don't have a problem working on the next
interlocal agreement in this particular case for the year after. What I'm
trying to get now is, how do we get where we are tonight where he
needs to be tomorrow so the lights don't go off and I can't -- and we
can't cash a check.
COMMISSIONER HENNING: Well, with a motion and a
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September 29, 2009
second and a vote, and then we'll move on to another item.
CHAIRMAN FIALA: And you promised from here on in, the
communication lines are open. We all heard you.
COMMISSIONER COLETTA: Oh, get it on film, please.
Dwight, I'm going to -- can I?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: Dwight, one thing I'm going to
ask you --
MR. BROCK: I'll even have lunch with you again.
COMMISSIONER COLETTA: Okay. But we both pick up our
own tabs.
MR. BROCK: We did last time.
COMMISSIONER COLETTA: We did. Dwight, one thing I'm
going to ask in good faith that we do, that tomorrow your PR person
get together with our PR person and issue a joint news release.
MR. BROCK: Absolutely.
COMMISSIONER COLETTA: Okay. That shows the
cooperation that we hope can exist now and into the distant future.
MR. BROCK: I can tell you that you have an entire room full of
people here that are just like me, and I suspect just like you, we're
tired of it. We want to move on folks, okay?
CHAIRMAN FIALA: So are we. So are we. Okay. So I have--
COMMISSIONER HENNING: I'm fine.
CHAIRMAN FIALA: I have a motion on the floor.
COMMISSIONER HALAS: Would the motion maker restate
the motion?
COMMISSIONER COLETTA: Yeah, I think it was to order
.
pIzza.
COMMISSIONER HALAS: I'm serious.
COMMISSIONER COLETTA: The motion was -- and please,
jump in if I miss something here -- was to recognize this as the
agreement to go forward with, is that -- to be doled out in, what is it,
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two-twelfths, and then after that, one --
MR. BROCK: Eleventh of the remainder.
CHAIRMAN FIALA: Well, not one-eleventh because then it
would be 13 twelfths.
MR. BROCK: No, one-eleventh of the remainder.
CHAIRMAN FIALA: Oh, of the remainder, yes.
COMMISSIONER COLETTA: And in addition to that, the clerk
will, tomorrow, turn back to this county $4 million in what he calls a
loan.
MR. BROCK: That's correct.
COMMISSIONER COLETTA: And that this has no bearing
upon any existing court cases that are out there now.
MR. BROCK: Right. And in addition to that, the clerk will
make the commitment that he will direct his staff to begin sitting down
with your staff to work out an interlocal agreement that we can all live
by as soon as we possibly can but no later than six months. Now we
will begin that process immediately.
COMMISSIONER COLETTA: I'm going to ask you one
personal favor that's not part of this motion because I wouldn't know
how to put it in there. We have some people that wanted to speak to
us tonight that are part of the working community out there that are
working on the renovating of the foreclosed homes and working with
SHIP funds or whatever. Their funds have been held up for months.
They're -- if they're still here, they have -- they don't have the money
to put food on the table. Is there something that your office can do
working with the county to try to expedite these payments?
MR. BROCK: I think, Commissioner, you will find that my staff
are doing that just as hard as we can, and we've been working with the
County Attorney's Office as well.
COMMISSIONER COLETTA: Now, is there a possibility,
maybe at the next meeting, we could get a report from you personally
how this whole thing's coming together?
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September 29, 2009
MR. BROCK: Sure.
COMMISSIONER COLETTA: And also, don't be afraid to tell
us if we're lacking something at this end, but we'll tell you if we think
you're lacking in our end.
MR. BROCK: Do you really think I would have a problem
doing that, Commissioner?
COMMISSIONER COLETTA: No, I don't think you'd have a
problem in the world.
MR. BROCK: You got it. Let's move on.
MR. KLATZKOW: And Commissioner?
COMMISSIONER COLETTA: Did that cover everything?
MR.OCHS: No. Madam Chair, if I might. We also, if the
board doesn't mind, we need an approval of a budget amendment with
this agreement that will allow us to move the money tomorrow into a
line item for the clerk's office.
COMMISSIONER COLETTA: Can I include that in the same
motion?
MR. OCHS: Yes, sir, that's what I'm asking you.
COMMISSIONER COLETTA: Then I do that. And the second?
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: Okay.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: And just for clarity, my understanding is
that the intent of the settlement agreement was that the court case that
recently was granting summary judgment, you're not going to appeal
that, that that case is now gone.
MR. BROCK: I thought he wanted to continue.
MR. KLATZKOW: No, no, no. The only litigation remaining is
the issue of the post audit authority.
MR. BROCK: They're not wanting to --
COMMISSIONER COLETTA: I'm sorry. I wasn't explicit on
that. Yeah. That shouldn't a problem, should it, Dwight?
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September 29, 2009
MR. BROCK: I hope not.
COMMISSIONER COLETTA: Well, I mean, I make it a part of
my motion in clarifying it.
MR. BROCK: If you will agree to undo the judgment and put it
back to where the -- where it was at the point in time --
COMMISSIONER COLETTA: I'm sorry, sir?
MR. BROCK: -- of the mediation, we can do that.
COMMISSIONER HENNING: Say that again.
MR. KLATZKOW: I don't know what that means.
CHAIRMAN FIALA: I didn't understand what you said.
COMMISSIONER COLETTA: I didn't understand that either.
MR. BROCK: Ifwe can go back to where we were before the
litigation, okay, and go back to the court and get them to set aside the
judgment and dismiss the case, then we can do that.
CHAIRMAN FIALA: I don't know --
COMMISSIONER COLETTA: I'm lost now.
CHAIRMAN FIALA: Me, too.
COMMISSIONER COLETTA: Someone help me from our
County Attorney side.
MR. KLATZKOW: Well, he wants to undo the judge's decision.
COMMISSIONER COLETTA: Which one?
MR. KLA TZKOW: That's a good one. The one that came down
about a week or so ago that granted summary judgment dismissing the
clerk's counterclaims.
COMMISSIONER COYLE: No, no way.
MR. KLATZKOW: And what I'm saying is that -- that's why I
want clarity here.
COMMISSIONER COLETTA: No. It's a good thing we're
having this discussion.
MR. KLA TZKOW: That after we get -- after we're done here,
we're not going to see an appeal of that, and then we're back into that
fight.
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September 29,2009
MR. BROCK: No.
COMMISSIONER COLETTA: No. The one thing that would
be left --
MR. BROCK: I would love to see that go away and go back to
where we were as much as you would.
COMMISSIONER COLETTA: Yeah, but the one thing that I
consider still left is the one that has to deal with the -- I'm sorry.
MR. KLATZKOW: Post audit.
COMMISSIONER COLETTA: -- post audit.
MR. BROCK: I don't have a problem proceeding with that --
COMMISSIONER COLETTA: And I kind of hope we could be
there together.
MR. BROCK: I don't have a problem proceeding with that,
okay?
COMMISSIONER COLETTA: Okay.
MR. BROCK: But we've got to go back and undo the judgment
that exists in the other case or we've got to deal with it, too.
COMMISSIONER COYLE: No way. No.
MR. BROCK: The same circumstances.
COMMISSIONER COLETTA: We're right back to an impasse
now. It's a good thing we're having this discussion.
MR. BROCK: But if we can go back and undo that, then--
COMMISSIONER HALAS: No.
COMMISSIONER COYLE: Uh-uh.
COMMISSIONER COLETTA: No, no. I can't go along with
that. I got too many people here. And I'll be honest with you, it raises
a real problem.
COMMISSIONER HENNING: Undo what?
COMMISSIONER COLETTA: Undo the judgment.
MR. BROCK: As it relates to those facts and those
circumstances at that time, I don't have a problem. I will agree to not
appeal it.
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September 29, 2009
COMMISSIONER COLETTA: No. Help us with the wording
on this. We've got -- this should be a small impasse.
CHAIRMAN FIALA: We're so close.
COMMISSIONER COLETTA: It's either just yes, no, or this is
how we can negotiate.
MR. BROCK: And the answer to that is yes.
COMMISSIONER COLETTA: Thank you. I appreciate your
help.
MR. BROCK: No. I thought you were asking me if I would
agree to not appeal the judgment in the case.
COMMISSIONER COLETTA: Oh.
MS. HUBBARD: That's correct.
COMMISSIONER COLETTA: We're there then.
MR. KLATZKOW: Then we're done.
MS. HUBBARD: We're done.
MR. BROCK: We're done.
MR. KLATZKOW: Then we're done.
COMMISSIONER COLETTA: Okay, thank you.
COMMISSIONER COYLE: Wait, wait, wait a minute. Don't go
so quickly. Make sure you understand what that means, okay.
MS. HUBBARD: Yes. I can explain what happened in court,
what the order was, which was delivered today.
COMMISSIONER COYLE: Make sure you understand what his
acceptance means.
MS. HUBBARD: I assume that that means that you will abide
by the court's order and you will not enter an appeal.
MR. BROCK: What I'm -- well, I cannot not enter an appeal
because the appeal has already been entered, but I will dismiss the
appeal.
COMMISSIONER HENNING: Oh, okay. There you go.
COMMISSIONER COYLE: And that's going to be written into
this agreement, this settlement agreement?
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September 29, 2009
MR. BROCK: If you want to write it into it, I don't have a
problem. But I mean, I'm telling you that you make this motion and
you pass it, tomorrow I will direct him to file a notice of voluntary
dismissal of the appeal.
COMMISSIONER COLETTA: We're there? Okay, then I
include that in.
COMMISSIONER COYLE: With prejudice.
COMMISSIONER COLETTA: Second agrees to it.
MS. HUBBARD: With prejudice, yes.
COMMISSIONER COYLE: With prejudice.
MS. HUBBARD: Yes. Okay?
MR. BROCK: Yeah. I can't re-appeal.
CHAIRMAN FIALA: Okay. So now we have an agreement; is
that correct? Okay . We've got a motion on the floor with an
addendum to the motion, and the motioner agreed?
COMMISSIONER COLETTA: Don't ask me to repeat it. I'll get
up and leave.
CHAIRMAN FIALA: No, just agreed, and the second has
agreed, the County Attorney has given us a nod of approval, our own
Jackie has given us a nod, Dwight Brock is giving us a nod.
MR. BROCK: Let's do it.
CHAIRMAN FIALA: Oh, oh. I was going to vote on this.
Commissioner Halas?
COMMISSIONER COYLE: Okay. I was next.
CHAIRMAN FIALA: Oh.
COMMISSIONER HALAS: County Attorney?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HALAS: Do you feel comfortable in the
direction that we're giving direction here to go?
MR. KLATZKOW: I think it's time to put this to bed, I really
do. This litigation's been many years, and it's my hope that Mr. Brock
and this board will work cooperatively in the years to come and we
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September 29, 2009
don't have to do this again. The alternative, sir, is -- the alternative,
sir, is more litigation that will go on for years.
(Applause.)
COMMISSIONER HALAS: My concern is --
CHAIRMAN FIALA: I'll let you wind it up, Commissioner
Coyle.
COMMISSIONER HALAS: My concern is, are we throwing out
everything that we talked about at one o'clock?
MR. KLATZKOW: No, no. We're continuing with the appeal to
the Supreme Court.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Commissioner Coyle, you're winding it
up and we're done.
COMMISSIONER COYLE: Yeah. All I want to do is just
summarize, make sure we all understand what we're doing. We're
going to agree to the resolution agreement amount of$5,000 (sic).
CHAIRMAN FIALA: Five million.
COMMISSIONER COYLE: No, no, 5,000 -- $5 million in
addition to the $273,500, right?
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: County Manager, track with me.
MR.OCHS: Yes, sir.
COMMISSIONER COYLE: Okay? And that's going to be paid
initially to the clerk, it was two-twelfths, two months, in fact, up front,
and the rest of it will be one-tenth.
MR. BROCK: One-eleventh.
MR. MUDD: One-eleventh.
COMMISSIONER COYLE: One-eleventh of the remainder.
MR. BROCK: Of the remainder.
COMMISSIONER COYLE: One-eleventh of the remainder, the
parties will dismiss with prejudice case number 07-1 056-CA with
each to pay its costs in attorneys' fees, the settlement agreement shall
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September 29, 2009
not be considered president or authority for the clerk's annual budget
submission either in the amount or the characterization of interest
income or the county's annual budget for the clerk, and pursuant to
Florida Statute 2009, which gave us all the interest, all interest income
received from or granted by the investment of Collier funds from and
after July the 1 st, 2009, is pursuant to -- is pursuant to Section 28.33,
income of the Board of County Commissioners unless otherwise
directed by the county. The clerk shall deposit to the board's general
fund, not less than monthly, all such income and interest to be
allocated and expended solely as authorized by the board. The county
will defend any action arising out of any such direction, and also with
guidance to the staff that the staff will work with the clerk's staff to
arrive at an interlocal agreement that will define the relationship and
the functions that the clerk will perform for the county for the Board
of County Commissioners.
MR. MUDD : Yes, sir, with -- within six months, sir.
MR. BROCK: And we will start that immediately.
COMMISSIONER COYLE: Yeah, that's right. And then the
clerk will also -- and I'm going to -- I'm going to use a different
characterization of this payment, and if it's not right, let me know --
but he's going to make a prepayment of a turn-back amount of $4
million.
MR. BROCK: I don't have a problem with that characterization.
It's a loan, but --
COMMISSIONER COYLE: But that's what it is. Yeah, but
that's what it is.
MR. BROCK: And I'm going to transfer the money to you in the
form of payment or a loan that, at the end of the 30th day after the
close of the fiscal year, the due to and due from will cancel as a
consequence of the turn-back.
COMMISSIONER COYLE: Okay.
MR. BROCK: And, therefore, the money will come to the board
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September 29, 2009
permanently at that point in time.
COMMISSIONER COYLE: Okay.
MR. BROCK: It will be there as a loan until such time as the
turn-back is there, and then at that point in time it will be part of the
turn-back to the board.
CHAIRMAN FIALA: Everybody understands the motion.
MR.OCHS: One more item, ma'am, and--
MR. BROCK: The budget amendment.
MR.OCHS: Yes, sir, the budget amendment.
MR. BROCK: Need a budget amendment.
MR. KLATZKOW: And just --
COMMISSIONER COYLE: Okay. You want a separate
motion?
COMMISSIONER COLETTA: No, no. We already went
through that.
MR. OCHS: This motion, but we need a budget amendment to
authorize us to move that two-twelfths on 1 October.
COMMISSIONER COLETTA: Okay.
MR. KLA TZKOW: And one just minor clarification.
COMMISSIONER COLETTA: Yeah. Just one -- yeah, I'm
sorry, but go ahead. But I -- it's after you said. You didn't say the day
we are going to get the money.
COMMISSIONER COYLE: It will be the end of October.
MR. BROCK: No. I would have a little hard time getting it to
you today, Commissioner.
COMMISSIONER COLETTA: No, no, I know that, sir.
COMMISSIONER COYLE: The day.
COMMISSIONER COLETTA: But I mean, the day that we're
going to get it is what?
MR. BROCK: Tomorrow.
COMMISSIONER COLETTA: Okay, great, that's fine. Ijust
heard -- I think it was Commissioner Coyle that said something about
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September 29, 2009
after a point.
COMMISSIONER COYLE: What time?
MR. BROCK: Late in the afternoon.
COMMISSIONER COYLE: How late?
MR. BROCK: About 7:36.
COMMISSIONER COYLE: Okay. We'll be looking for it.
CHAIRMAN FIALA: We have a motion on the floor.
MR. BROCK: Just as soon as my staff can do it.
CHAIRMAN FIALA: And a second.
COMMISSIONER COLETTA: The attorney, County Attorney.
CHAIRMAN FIALA: And the County Attorney.
MR. KLATZKOW: Just for--
CHAIRMAN FIALA: Oh my goodness.
MR. KLATZKOW: Yes. I know, I know, but there was a tiny
misstatement made. And my understanding is that with respect to
case 07-1056, Mr. Brock, you will be dismissing your appeal with
prejudice tomorrow?
MR. BROCK: That is correct. I don't know if the case number is
the --
MR. KLATZKOW: The one in the settlement agreement?
MR. BROCK: Yeah.
MR. KLATZKOW: Yes.
CHAIRMAN FIALA: That you just read?
MR. BROCK: Yep.
CHAIRMAN FIALA: Commissioners, all those in favor, signify
by saying aye.
Don't you dare push that button.
COMMISSIONER HALAS: Well, I just want to make sure that
the motion, that the money's coming back on September 30, 2009.
COMMISSIONER COLETTA: No.
MR. BROCK: October 30th.
CHAIRMAN FIALA: What, you mean the --
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September 29, 2009
COMMISSIONER HALAS: No, the loan.
CHAIRMAN FIALA: He just -- he just stated that,
Commissioner Halas.
COMMISSIONER COLETTA: Everything's fine.
CHAIRMAN FIALA: He just said tomorrow, right?
COMMISSIONER COLETTA: Yeah, tomorrow.
COMMISSIONER HALAS: Well, I want to make sure that
tomorrow is not three days down the road.
COMMISSIONER COYLE: Not later than 7:30 tomorrow
afternoon.
COMMISSIONER HENNING: Who changed tomorrow to the
30th? Did somebody change it to some other date?
COMMISSIONER COLETTA: Call the question.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
COMMISSIONER HENNING: Let's go have a beer.
(Applause.)
CHAIRMAN FIALA: We need to order some pizza or
something.
COMMISSIONER COYLE: A case of beer would be better.
CHAIRMAN FIALA: Rum and Coke and pizza.
We're going to take a ten-minute break.
(A brief recess was had.)
MR.OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much. We're gathering
the troops. Come on down.
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September 29, 2009
Item #lOA
RECOMMENDATION TO CONSIDER THE HABITAT
CONSERVATION PLAN ADVISORY COMMITTEES HABITAT
CONSERVATION PLAN APPLICATION FOR RED-COCKADED
WOODPECKERS - MOTION TO RESURRECT COMMITTEE,
ACCEPT REPORT AND APPLY FOR SECTION 6 GRANT -
APPROVED
MR.OCHS: Ma'am, I believe you wanted to go to 10A next
because we have several members of the public that are still waiting
on that one.
CHAIRMAN FIALA: Yes.
MR.OCHS: lOA is a recommendation to consider the Habitat
Conservation Plan Advisory Committee's habitat conservation plan
application for Red-cockaded Woodpeckers.
Laura Roy -- excuse me. Laura Roys Gibson, environmental
specialist from CDES, will present.
MS. GIBSON: Good evening, Commissioners. We're here today
for your committee, the Habitat Conservation Plan Advisory
Committee, to present their recommendations to you based on your
direction last October through resolution 2008-307 which directed the
HCP Advisory Committee to develop a habitat conservation plan for
the Red-cockaded Woodpecker.
The resolution also included that the committee would sunset on
September 12th of this year.
Here to present their recommendations is the former chair of your
committee, Judith Hushon. And I would also include that we do have
Fish and Wildlife Service staff from Vero Beach here to answer any
questions that you may have.
CHAIRMAN FIALA: Sorry you've had to wait here so long,
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September 29,2009
folks, whoever is here for this item.
MS. HUSHON: There are a number of people still here.
CHAIRMAN FIALA: Sure has been.
MS. HUSHON: Hello, Commissioners. I'm Judy Hushon and,
you know, I'm going to go through this fast. Does that sound good?
CHAIRMAN FIALA: Oh, good.
MS. HUSHON : Yeah, yeah. I talk fast, so you got to listen --
you got to listen fast.
CHAIRMAN FIALA: We'll listen.
MS. HUSHON: Okay. We've had a little less than a year -- we
started on this. We did what you asked. We've come up with a draft
of an HCP for Red-cockaded Woodpeckers. And we finished this
draft. It's certainly not final by any means. And even if it -- if it -- it
goes on then through negotiations, and through changes that would be
suggested.
Let me just talk a little bit about, what are RCW s. These are little
birds. They live in clusters or groups of eight to ten birds in 55- to
75-year-old slash pines, and they require very little in the mid-story,
which is why you kind of have to clean it out. They have a life span
of about 20 years, raise about two young a year, and it takes them five
to seven years to make one of their cavities. That's part of the reason
these poor guys, when people cut down their trees, have such a hard
time. They need these old trees, and it takes a long time.
Here you can see one of the -- one of the birds. They're actually
about this big, and one of their trees.
Okay. Our first task was to gather data on where they were in
Collier County. Two of the clusters that we -- clustered populations
that we know about. One is in Big Cypress National Preserve, is
doing fine. Picayune is picking up. They started with three clusters.
They're now up to nine. They moved some of the City Gate birds.
You guys remember the City Gate stuff when they were moving the
birds.
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September 29, 2009
Well, some of those -- they're now up to nine clusters, which
means they're doing much better down there. Ten is considered good
for recovery. Thirty clusters is considered, they can get along on their
own and they don't need our help.
A previous exercise had used photo interpretation to try to figure
out where the areas were that these birds had -- where we have the
trees that could support these birds, and then where the foraging
habitat, that means where they eat, are.
And you can see the dark green sections in there are where the
old trees, old growth pines are located. And the lighter kind of
beigey-colored green is where the foraging habitat could be.
Okay. Primary needs. We need to maintain those habitats if
we're going to maintain the birds. That's really the crux of the whole
thing. We need to provide corridors between clusters. It turns out that
the females move. They leave their birth cluster and will go to
another one, and so this keeps the gene pool. This is why -- what
happens. But they need to have these corridors on which they can get
to another cluster, so that's very important. And we wanted to manage
the population across the whole North Belle Meade overlay. That's,
again, BMO.
The HCP is -- a take is defined by the U.S. Fish and Wildlife
Service as to harm, harass, pursue, hunt, shoot, wound, kill, trap,
capture, collect any wildlife within the United States, and each of
those terms has another full definition on it.
If you do anything to disturb their nesting and cavity trees or in
that immediate vicinity, that would be considered a take.
What would happen under an HCP, habitat conservation plan, is
that the county could be given a take permit. They would enter into
an MOU, a memorandum of understanding, with the Fish and Wildlife
Service. Then the county would get the take permit. And when you
came in as a landowner to get a clearly permit of some sort, whether it
was to put your house up, put up a garage, driveway, or whether it was
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to do agricultural clearing, you would have to go to the county, and
then they would do what the Fish and Wildlife Service now normally
does, which is specify what -- that this is a take and, therefore, your
mitigation is going to be X. Okay. That's -- because you're destroying
this much of the land that the Red-cockaded Woodpeckers could have
used. That would be -- if an HCP goes into effect, that would be how
it would work.
So it's -- the county would acquire the take permit, and we'd have
to modify some of our growth management plan, LDC, and
administrative code to handle these little changes that would occur.
All right. We have identified the sections that would have -- require
changing.
Any property owner who doesn't want to go along with this, who
wants to opt out, can still go back to the service and get their own
incidental take permit, or ITP.
On July 26th we had a stakeholders meeting at the firehouse in
Golden Gate, 20 -- and about 20 residents attended, and it was a good
give and take. We gave a little presentation, and then some of our
people -- Amber over there -- gave one, and then we had question and
answer for about two hours, maybe it was two-and-a-half hours. It
was a good one. And their inputs are reflected in this latest draft.
The goals of an HCP. To protect the RCW population to allow
responsible development with the protection of these birds. You can
have responsible development and these birds. It isn't A or B. It can
be A and B.
And to speed up the awarding of take permits, what -- it's
actually not take permits. It would be clearing permits -- what would
happen with the county holding the take permit, it would take no more
time for that permit than it would take for your permit, your clearing
permit to pass through the county's various offices that would go
through it now.
But now it can take a year to two years to get an ITP from Fish
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and Wildlife Service. And the county usually is faster than that, and
time is money.
Major provisions of the HCP. For NBMO properties, we have to
determine the property location of east versus west -- east versus west.
And this is just another little map. On this map we have located --
these are where the clusters are that we think about. And we've
divided -- this is the east side, this is the west side.
We have clusters in the west. The east we don't have clusters.
But as a result, they have less stringent requirements for mitigation,
given the charts that we came up with. And this is basically the same
map as that one.
And we have -- arranged the clusters, one of the things you want
to do is draw a circle that's about a half a mile in radius, because that
is the area that that -- those birds in that cluster need for their foraging
and for their clusters to maintain themselves, and so that is a very
critical area for them.
This is a proposed mitigation table. It's certainly not carved in
stone at this point, but there are people who think it's too strict, there
are other people who think it's not strict enough, and so that
sometimes means you're getting toward the right position. We -- there
may be some problems still airing out in this, but it's coming along.
Mitigation. There are basically a couple of kinds of mitigation.
There's offsite mitigation where you might -- you would donate
money, and the money might be -- would be to buy property and
manage that property for Red-cockaded Woodpeckers.
We've talked with Alex Sulecki about possibly Collier --
Conservation Collier taking on that role. It would mean some changes
in how they do their business; however, it's a possibility. They
already own one piece of property that has -- that they -- now has
RCWs on it, the Nancy Payton Preserve in the northwest corner of
North Belle Meade. They've moved some birds onto that location
now, so we're -- so off site is one possibility.
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Another possibility is on-site mitigation, and we saw that more as
landowners who were willing to maintain their property for
Red-cockaded Woodpeckers, that means clearing out that mid-story
that -- which is also good for fire, because this reduces the fire hazard
to those houses. If they would clear out that mid-story -- and most -- a
lot of that's Sabal Palms, and we have Melaleuca and things like that
in that mid-story.
Then -- and maintain it for the RCW s and agree to clear it every
so often and keep it clear, then they could reduce by one-half their
mitigation requirements.
And, again, just keep in mind that the mitigation requirements are
only for that portion of their land that are disturbed. If they have a
five-acre lot and they disturb a half an acre, which would be the 10
percent, which they could do in North Belle Meade overlay, they
would only be talking about mitigation on a half acre, in this case a
quarter acre. So we're not talking huge numbers here.
CHAIRMAN FIALA: Okay.
MS. HUSHON: Translocation is another possibility for these
birds, and that's what got the birds back down into Picayune -- yeah,
into Picayune, was some of the birds from City Gate went down there,
and plus Roy DeLotelle is here. He's going to talk a little later. He
brought the birds down. He also got some birds from, I believe, South
Carolina or North Carolina, to mix up the gene pool down there so
we'd have breeding success.
Translocations. Yes, there are costs associated with
translocation, and we want to monitor the success of the
translocations. But they are a way -- when a cluster has to be -- or a
cavity tree has to be taken out, it is a way of not losing the birds.
Any clearing permit would be affected, residential clearing or
agricultural Right to Farm Act. And you say, well, it turns out we
have problems with that. It turns out that the county would now have
the rights of the federal government. They would be assuming the
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rights of the U.S. Fish and Wildlife Service through the memorandum
of understanding.
And when you assume that, then your rights as a federal agency
would trump the state rights on the Right to Farm Act, so you could --
you could enforce the mitigation on a right-to- farm clearing. That's
kind of in a nutshell.
Use of mitigation funds, purchase RCW habitat, RCW education,
translocating, monitoring. These are all potential uses of funds that
would be collected as mitigation moneys.
What are the benefits and obstacles? Benefits are that we would
keep our RCWs in Collier County. I think that's a big benefit. The
county's liability would actually be reduced to challenges that it's not
enforcing the ESA, which actually can happen right now on a right to
farm, if somebody goes in and just clears.
The county actually has some liability that maybe they haven't
enforced the Endangered Species Act or informed the owners and the
owners have said -- or maybe they sent them a letter but the owners
threw it away. Who knows?
And it provides stronger protection for the RCW s and has the
potential for restoration, and that's really where we'd like to go is
restoration.
And it promotes ecotourism. People will come from all over to
see these little birds. And in fact, somebody who has them on their
property has the potential to guide tours to their -- to take people to
see them. People would pay good money for that.
Obstacles. Many property owners right now have not granted
access to their property. You would have to do a survey at the time
you wanted to do some of your property clearing, and at that time you
would have to grant access to the county to come verify the results of
your survey. That's for RCWs.
The public has been getting away with not protecting RCW sand
doesn't apply for incidental take permits. And you can ask USFWS
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about how many have been applied for, et cetera. You know, these
things -- the clearing just happens.
And completing the HCP will require staff time, some staff time
and funding, and the county's not completely protected against
lawsuits; however, on a Bert Harris claim, you would be protected.
Somebody could bring a lawsuit, but you might be able to get it
dismissed on summary judgment.
And I just -- on that note, I wanted to read what Jeff Wright had
written to us, which our committee operated under. You asked
questions in 2006, and I was just going to read this. These are the
conclusions. There are serious concerns that private development
options might be limited as a result of implementation of the proposed
RCW plan by actively working with federal contacts and obtaining
formal delegation of federal ESA authority and thereby removing
itself from the definition of a government entity, the county would
have a very good shield in the event of a Bert Harris claim arising
from enforcement of the proposed RCW plan.
There are also serious concerns that the failure to make changes
in light of county knowledge of our RCW s and their habitat could be
construed as knowingly allowing take of endangered RCW s and could
result in county liability under the ESA.
Many of these concerns would be alleviated if the county were to
have measures in place to ensure against development on areas known
to contain endangered species or their habitats. Although there are
many ways to do this, the proposed RCW plan is one way to put such
measures at rest.
Future activities. This is kind of where we could go with this.
The HCPAC could continue as an advisory committee. We could
apply for a U.S. Fish and Wildlife Service Section 6 Grant, and that
would give us money to actually write the final HCP. We could hire
-- use that money to hire professionals to help us put it together and do
a better job than we did. I mean, we did this as a committee.
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The applications go in in August for the next FY. So, you know,
like if we could get an app- -- get this all together, get an application
together, get the application submitted in -- by August for Fish and
Wildlife Service money.
During this time we would also like to engage the Fish and
Wildlife Service in dialogue to identify information required to
complete the HCP and support the required effort to modify. And we
would support any effort -- this would be the future -- to modify the
Growth Management Plan and the Land Development Code.
We -- what I did was to identify the general sections that would
need modification were we to be proceeding in this way. The
negotiations, once you have a fairly well completed HCP, may take a
year or two with the Fish and Wildlife Service to complete.
So there you have it, very quickly.
CHAIRMAN FIALA: You did a good job.
MS. HUSHON: Very quickly. But the committee has done a
great job. I mean, I've had a really good committee, and they've been
working and they've been writing, and this is all the committee's work.
CHAIRMAN FIALA: Thank you.
MS. HUSHON: So--
CHAIRMAN FIALA: Now, we have -- well, we had anyway -- I
don't know if we still have -- eight speakers.
MS. FILSON: Nine.
CHAIRMAN FIALA: Nine speakers.
MS. FILSON: Now.
CHAIRMAN FIALA: Okay. Would you--
COMMISSIONER COYLE: Everybody waive.
CHAIRMAN FIALA: Would you like to call the speakers. And
I have to let everybody know that we ordered some pizza, being that
we've been here for about 11 hours. And we'll share it with you even,
but we better get some food in. A few -- a few need to have some
food or they're going to pass out.
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So I wanted to just tell you, when it comes, we're going to pay
for it and just be so rude as to eat right in front of you, or share it with.
Okay. And Sue, would you call the speakers, please.
MS. FILSON: Roger Williams. He'll be followed by Gary
Beardsley.
MR. WILLIAMS: Madam Commissioner, fellow
Commissioners, thank you very much for the opportunity to speak.
I've never been to one of your meetings before, so there is -- I am
really glad that I came to this one. It's been both informative and
entertaining.
COMMISSIONER HALAS: We make a lot of sausage.
MR. WILLIAMS: Okay. For the record, my name Roger
Williams. I am a retired DOD employee. I own a small -- very small
parcel up in the northeast corner of North Belle Meade.
I didn't go to their meeting because I had another function I had
to go to that particular night, but I did look at the stuff on the website,
and there are a lot of inconsistencies and contradictions in it.
She's addressed a couple of them in her presentation, but the one
that really jumped out and grabbed me was the reference material they
used indicates -- in fact, it clearly states that only 80-plus year-old
longleaf and loblolly pines are suitable for RCW cavities.
The HCP developed assumes that the small slash pines in Florida
are also suitable. They (sic) may be a few cases where this would
work, but in most cases the birds require big, huge, 80-year-old trees,
not 6-inch slash pines like the HCP refers to.
Let's review a couple of the facts. There are 22 types of
woodpeckers in North America. Now, RCW is just one. It is
endangered, there's no doubt about that. There's only 1 percent of the
total population that we once had left.
Almost all of the RCWs are on protected lands today. More than
half of them are in the national forests. Overall, a very, very small
percent -- is that one minute? I better wrap it up. Better hurry.
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A very small percentage exists on private land, and the amount
that's in Collier County is even less. Per the National U.S. Fish and
Wildlife Service, the RCW is well on its way to recovery due to a
program they refer to as Safe Harbor. It's particularly used and well
liked in the Carolinas, and the landowners there are telling local
government, which is in their face about, you can't do this like it is
here, their message they're taking back is, if you take local
government control away and just give us the opportunity to do with
our lands, we will give you the habitat and the birds, and the Fish and
Wildlife Service acknowledges this has worked and is working very
well.
The only HCPs in Collier County is the small batch that's out
here in North Belle Meade. If you look at the slides from the
beginning to end on the -- the committee's presentation there, you will
see the numbers going up. It starts with a cluster of six in one up here,
then the next one is eight, and it goes up and up and up.
Well, you're not seeing these birds, and I'd like to know why they
did. In contrast --
CHAIRMAN FIALA: Thanks, Mr. Williams.
MR. WILLIAMS: May I have an -- couple of extra -- may I
have two extra minutes? I've waited here since nine o'clock this
morning to have my say, and if you would afford me that opportunity,
I would greatly appreciate it.
CHAIRMAN FIALA: Okay.
MR. WILLIAMS: I will hurry it up.
CHAIRMAN FIALA: Please.
MR. WILLIAMS: Apalachicola National Forest in contrast to
Collier County has 650 groups compared to the six to ten that are here.
Lee County just last week declared the RCW's to be completely gone
from Gateway. There were a few up there. Obviously you're aware of
the clearing that took place for the community up there.
The RCP requires submission of an RCW survey prior to
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clearing. This survey must be performed, and I quote, by a trained
environmental professional familiar with RCW survey protocols and
signed, and also -- and it refers to paragraph -- or Appendix A, which
is a four-page description of what we're going to do to go out and look
for woodpeckers. It assumes that all cavity -- all cavity trees are
active unless there have been no activity for five years.
If a cavity tree is found active or inactive, it requires the property
to be changed in designation, it requires the inspection process to
include the -- whether at the time -- the bottom line is that it requires
extensive inspection of most trees by highly trained personnel without
any definition of what their --
CHAIRMAN FIALA: Okay. Two minutes.
SPEAKER: -- license and requirements are. I'll wrap this up.
CHAIRMAN FIALA: You have wrapped it up, Mr. Williams.
MR. WILLIAMS: I have wrapped it up.
CHAIRMAN FIALA: Mr. Williams, thank you.
MR. WILLIAMS: I request that you throw this out. This is not a
smart thing to do. Do not go forward with this.
CHAIRMAN FIALA: Oh, is that what you were trying to say?
Okay.
MR. WILLIAMS: It is, it is. Thank you very much.
MS. FILSON: The next speaker is Gary Beardsley. He'll be
followed by Roy DeLotelle.
MR. BEARDSLEY: Good evening, Madam Chairman, and also
the other commissioners. I don't want to get too much into the history.
My name is Gary Beardsley. I live in Golden Gate Estates. In
fact, right there's my house, plus I own land in the Belle Meade.
It's very bothersome for me -- there's three things I found in life
that are most difficult. One is to climb a barbed wire fence that's
leaning towards you, and the other is to kiss a girl that's leaning away
from you. The third, I've finally figured out after 20 years, is to get
the comprehensive land plan in place and operational.
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I was the chairman of the Coastal and Conservation Element.
We won a state award as the best in the state, and then Neil Dorrill
told the commissioners they had to do it, and they said, you mean
we've got to meet these deadlines?
The problem is, agencies -- Army Corps, state DEP, and the U.S.
Fish and Wildlife, they're lax and then they're tough, they're lax and
then they're tough. Right now the Fish and Wildlife is not doing their
job.
At the meeting -- public meeting we had, I even asked them. I
said, why aren't you doing your job? And they said, well, we don't
have the staff and we don't have the resources, money.
And -- so if this plan was put in place today, I would be against
it; however, I think that it needs to move forward and be massaged. It
needs to have input from more citizens from the various
environmental organizations and the landowners, of which I'm one,
and I think that this may have a chance because, I'll tell you, the
agencies are not doing their job. And if you think they are -- I turned
in 200 wetland violations to the Army Corps and DEP, and they didn't
do one thing about it. I'm an environmental consultant.
Thank you very much for your time. I hope you do move this
forward.
MS. FILSON: Ray DeLotelle. He'll be followed by Bruce
Anderson.
MR. DeLOTELLE: I'm French, not Italian. It's Roy DeLotelle,
but I'm sort of used to the language.
I don't necessarily have a horse in this game, so to speak. I'm
from Gainesville, Florida. I've been working with Red-cockaded
Woodpeckers for 29 years. I've been working with Red-cockadeds
here in Collier County for about the last ten years.
So I just wanted to provide a few "factlets," if you will, that I
think might be important.
This is part of the south central recovery unit as defined by the
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Fish and Wildlife Service. And as such, there's 23 small populations of
Red-cockadeds in this unit. Over the last ten years, using a lot of the
techniques that Judy's suggesting, these populations have increased by
over 58 percent.
I see I can't compete with that pizza.
CHAIRMAN FIALA: You know what, we can hear you better
now, now that we're not thinking about --
MR. DeLOTELLE: Right. But in particular, I've worked with
Red-cockadeds on Picayune, and although the pines are smaller down
there, as the gentleman previously stated, we still can find cavities
suitable to do inserts with, and that's the little nest box that you drill
out -- you drill out of the pine tree and slap the box in, put some putty
in, shim it up, and you've got a ready home for the Red-cockaded
Woodpecker. Then you can do your translocation activities by
bringing in some young birds and potentially establishing a new
young population.
U sing these techniques, we have grown the population from
actually no breeding groups in '99 to eight breeding groups now over
the last eight or nine years.
The other thing -- one other thing that was mentioned about
going to Payton Preserve, there's already Red-cockadeds there, so it
probably wouldn't be a good site for translocating birds too. I doubt
the U.S. Fish and Wildlife Service would permit it, but that's their
question.
So that's about all I had, unless you-all had some questions for
me. Like I said, I have worked with Red-cockadeds for 20-some
years, all in Florida for the most part.
CHAIRMAN FIALA: There might be questions. I have a
couple of commissioners who are on deck, but we wait until after all
the speakers.
MR. DeLOTELLE: All right, thank you.
CHAIRMAN FIALA: Thank you.
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MS. FILSON: The next speaker is Bruce Anderson.
COMMISSIONER COLETTA: Nope.
MS. FILSON: Michael Ramsey. He'll be followed by Amber
Crooks.
MR. RAMSEY: What, no Bruce? Oh, man.
Good evening, Commissioners. Been an interesting day. I am
Mike Ramsey. I'm the president of Ramsey Inc., Environmental
Consulting and Ecological Consulting. I'm also a board member on
the Golden Gate Estates Area Civic Association, of which many of
our members are in the North Belle Meade.
I'm a certified wildlife biologist and I deal also with these issues
of Red-cockadeds and their habitats in this area, and I've been doing it
for the last 25 years.
The issues that are covered here today, the Golden Gate Area
Civic Association holds the position that we do support the
implementation of this plan.
Everything that we've talked about today is already covered by
existing state and federal agencies and at no cost to the Collier County
residents.
It appears, after attending the meetings and looking at the
information, that we would be reinventing the wheel at the local level
at ten times the cost to the county residents in perpetuity.
The solutions that you just heard discussed can be implemented
as a private sector solution by the existing consulting staff and the
private sector working with landowners applying for permits to the
other agencies. So everything we're talking about can be done now at
no cost to the residents because it's already handled by other agencies.
We feel at the Estates association, the Golden Gate Area Civic
Association, that it is unfair that this program would economically ride
crippling hard on the backs of the existing property owners in the
North Belle Meade. Those property owners already have and are
being subjected to many other land use restrictions.
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We also feel, after talking and after working out there and
looking at some of the things that are going to happen in the North
Belle Meade, implementation of this plan would create an even further
cost to the residents of the county due to the aggressive legal land use
scenario it would create. It would create a legal -- a very aggressive
land-use-taking scenario the way it's set up.
And last, no other county in Florida is considering implementing
this plan. It apparently is going to be costly and increases the county's
liability not so much in the area of permitting with U.S. Fish and
Wildlife, but the issue of land use taking opens up many lawsuits
when you're taking away the right of a person to use his land.
Thank you for your time.
MS. FILSON: Next speaker is Amber Crooks. She'll be followed
by Brad Cornell. Is Brad here?
MS. CROOKS: Thanks. Good evening. I'm Amber Crooks
from the Conservancy of Southwest Florida. And it's a sight to look
from here and see you all chomping on pizza, but I'm so glad you
continued this item because we do have a lot of people here with
interests, including the Conservancy.
And we've participated in the habitat conservation plan process
and really had high hopes for this plan. Unfortunately, this HCP does
not go far enough to protect the RCW. The HCP had a potential to
close a loophole by which many property owners have not been
consulting with U.S. Fish and Wildlife Service for possible impacts to
RCW s or their habitat, which is an existing obligation under the
Endangered Species Act.
While habitat conservation plans have pleasant sounding names,
they result in an incidental take permit which will allow for
destruction of endangered species habitat. HCPs are intended to be
long-term plans, and this HCP would be in effect for 30 years without
much of an opportunity to change it should it ultimately result in
RCWs being extricated from Collier County.
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Because of these reasons, it is imperative that if we pass this
plan, that it be a quality plan and provide a proven benefit to the
woodpecker, but unfortunately there are many elements of this HCP as
drafted that are incomplete or inadequate.
Many elements of this plan are concerning and have resulted in
an ineffective HCP, primarily the exemption of projects in the
receiving area which do have substantial priority RCW habitat.
There's also been some question if this HCP could regulate
agricultural clearing projects. While the rural fringe program may
limit local regulation of natural resources and the Right to Farm Act
may seek to limit the county's latitude on agricultural clearing,
through the HCP, federal authority being delegated to the county, we
feel that endangered -- because the Endangered Species Act would
surpass state or local regulations, these projects should be included in
the plan.
Agricultural clearing and receiving land impacts clearly should
be subject to the terms of the HCP.
Also, the grievance policy language allows renegotiation of any
element in the HCP, including mitigation rates. The grievance policy
adds an unknown to the plan, which makes it impossible to ensure that
a no net loss is produced, which is one of the Fish and Wildlife
Service criteria.
And finally, the plan does not adequately address impacts to
other upland species which utilize the same habitat, such as the
panther or Indigo snake.
The plan is salvageable but only with these changes. Without
rectifying the bad parts of the plan, the Conservancy believes that the
plan should not move forward.
And HCP is not the only potential solution to the problems of
RCW management. Due to its insufficiencies, we believe that no plan
is better than a bad plan; therefore, we respectfully request the board
direct these changes be made to the plan. If the board does not favor
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the aforementioned improvements for the RCW, we ask that you vote
no on the HCP and seek alternative methods to better protect Collier
County's RCWs. Thanks.
MS. FILSON: The next -- the next speaker is Brad Cornell.
He'll be followed by Joe Bonness. Is Joe here?
COMMISSIONER HALAS: He's out riding his bicycle.
MS. FILSON: Then he'll be followed by George Dennis.
MR. CORNELL: Good evening, Commissioners, Madam
Commissioner and Commissioners. I'm Brad Cornell, and I'm here on
behalf of Collier County Audubon Society. And it's been a long day,
and I appreciate the opportunity to address you on this important topic
that we have been discussing for several years at different inter -- at
different junctures in the decision-making process.
Collier County Audubon Society supports creating a habitat
conservation plan in North Belle Meade with the U.S. Fish and
Wildlife Service. I want to note that the county landowners,
developers, including single-family home developers, are all liable
under the Endangered Species Act and must abide by that and enforce
it.
And back in 2005, Collier County Audubon and Florida Wildlife
Federation asked our attorney, Tom Reese, to render a legal opinion
about this issue and also about liability that the county may have
under the Bert Harris Act. And as you may know, we are interveners
alongside the county helping to defend the North Belle Meade overlay
and other policies.
But as part of that, I note from Tom's legal opinion, the federal
ESA makes it unlawful for any person, including federal, state, and
local governments, to take or harass any endangered species.
In addition, not long after that, in December of 2006, the County
Attorney's Office issued another opinion regarding an earlier version
of a Red-cockaded Woodpecker Protection Plan in which it states,
regardless of whether or not the proposed Red-cockaded Woodpecker
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Plan is adopted, if the county ignores the data that it has and issues
permits that allow activity in violation of the Endangered Species Act,
the county and its employees could be liable under the stiff civil and
potentially criminal penalty provisions of the Endangered Species Act.
I bring that up because it's important to realize that -- and it's not
always obvious -- that we do have obligations at a local level to
enforce federal laws that are protecting endangered species.
The status quo is unacceptable. It will result in Red-cockaded
Woodpecker losses, birds and habitat and other species impacts. The
county is obligated to proactively address this requirement and enforce
the federal laws and protect itself and its citizens from legal liability
and also to save development costs for Collier County citizens where
it's necessary. An HCP is the type of tool which can accomplish this.
The HCP draft before you today is a reasonable first attempt to
write such a tool. It has some serious flaws, however, which we
believe can be fixed.
Collier County Audubon Society recommends accepting this
draft as a point of departure for negotiations with the U.S. Fish and
Wildlife Service to draft a final HCP for North Belle Meade. While
this will require investment, effort, and time on the county's part, it is
the right course of action for the citizens of North Belle Meade, for
endangered species, and for yourselves.
Thank you very much.
MS. FILSON : Your final speaker is George Dennis, and I
believe he wants to waive.
MR. DENNIS: I'm just here for answering questions.
MS. HUSHON: He's here to answer questions from Fish and
Wildlife.
CHAIRMAN FIALA: Okay, from Fish and Wildlife?
MS. HUSHON: He's from Fish and Wildlife Service.
MR. DENNIS: Be happy to answer any questions.
CHAIRMAN FIALA: Thank you. Okay. We have three
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commISSIoners. Let me see who -- Commissioner Halas was the first.
COMMISSIONER HALAS: Since you're from Fish and
Wildlife, my first question will be directed at you, sir. Please come to
the mike and identify yourself.
MR. DENNIS: Well, I thought I'd get away with the eating
pizza. George--
CHAIRMAN FIALA: No. Now that he's eaten, he's feeling
energized.
MR. DENNIS: George Dennis. I'm the trust resource supervisor
at the U.S. Fish and Wildlife office in Vero Beach that covers this
area.
COMMISSIONER HALAS: Okay. There was a statement by
one of the other speakers saying that Fish and Wildlife does not
adhere to the laws or that they don't have the time to address issues
that have been brought before them; is that correct? Is that a correct
statement?
MR. DENNIS: What I would like to say to that question, is that,
you know, we do the best job we can. We need to work with our
partners, including local NGOs and the county and the state to get the
job done. It's a very big job.
There's 67 endangered species in Southwest Florida, and our
office covers 20 counties. So there's quite a bit of work. And so we'd
like to partner with you to try to address those issues.
COMMISSIONER HALAS: So when you say you want to
partner, that means that you want us to take on the responsibility of
what you should be doing?
MR. DENNIS: Well, what I would say to that is that I believe
that through working through a comprehensive plan like that habitat
conservation plan, that we could, by directing the authority down to
the county, allow these actions to occur in a more quick manner where
it wouldn't take as long, and that would be a benefit to the citizens that
were developing in that area.
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And we believe that by working with you that we could come to
some resolution on the cost in that that would make it as -- at a
minimum cost. We know there's going to be costs in dealing with
these endangered species.
COMMISSIONER HALAS: Okay. You might as well just
stand there because I'm sure other commissioners have some concerns
or items they'd like to address with you.
MR. DENNIS: Thank you.
COMMISSIONER HALAS: My next question is to the County
Attorney.
County Attorney, it was brought out that we, as the county, could
act as the agent for U.S. Fish and Wildlife. rfwe get into a concern, is
Fish and Wildlife going to back us up --
MR. KLATZKOW: Well--
COMMISSIONER HALAS: -- for liability?
MR. KLATZKOW: -- the state's never done that before, I mean.
They came in here, they asked for the roads to be vacated, and now
I've got lawsuits there they won't step in on. They asked for the
overlay, and now I've got an $80-million Hussey case where, well,
they really don't want to step in on. So they're very good at telling us
what to do, but they're not very good at helping us out and defending
it.
COMMISSIONER HALAS: Okay. I'm not sure if that's a state
issue or U.S. Fish and Wildlife, but in any case --
MR. KLATZKOW: You're not going to get any help from--
COMMISSIONER HALAS: Get it on the record.
MR. KLATZKOW: You're not going to get any help from the
feds or the state, and I'd be curious to know how many other counties
in Florida have taken on this responsibility and what their experience
has been.
COMMISSIONER HALAS: The other question I have is in
regards to the Right to Farm Act.
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It seems to me that if we get involved in this and take on that
responsibility, are we liable for being -- going into litigation?
MR. KLATZKOW: I think if you take this on, you are opening
-- we're opening ourselves up to claims that we are only issuing the
permit, and we're opening ourselves up to claims that we wrongfully
denied a permit. I mean, the onus becomes on us. I mean, I'd just as
soon the onus is on them.
COMMISSIONER HALAS: Okay. Thank you very much. I'm
done.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER HENNING: Yes, thank you.
Sir, I heard the question but I didn't hear the answer. What other
communities out there have taken advantage of something like this,
and how successful have they been?
MR. DENNIS: I would say in Florida we have no counties that
have taken on a countywide plan like this, but we do have three
counties in for county planning for countywide; Sarasota, Charlotte,
and Highlands County.
COMMISSIONER COLETTA: Okay.
MR. DENNIS: This year for the grant money that was spoken
about earlier, there's also been applications by Lake, Polk, Indian
River, and St. Lucy County.
COMMISSIONER COLETTA: Question, if I may, on the grant
money. See, my big hang-up with this whole thing is just -- just
compensation for the landowners themselves. To me, they're the most
important thing in the world. If you own the land, you have a certain
amount of expectation to be able to develop the land within certain
limits and to be able to enjoy it within those limits also. And so, when
we start to put these layers on top of them, we're taking away their
rights.
Now, what I'm saying to you is, this county has been very, very
receptive to doing all sorts of programs. We've been recognized
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because of our rural fringe, rural lands, we reached out past our
boundaries with our Conservation Collier; but every one of these
programs was so put together and so structured that it made the
landowner whole, and in all cases it was a voluntary program where
they would enter it, see the benefits of it, and would take part of it.
So while I can be receptive to a lot of things, I'm not going to be
able to be receptive to something that is going to be mandatory and is
going to be imposed upon the people that I represent without
compensation.
But I do appreciate the fact that you brought this forward.
There's no bad ideas. Sometimes they're before their time and maybe
there isn't enough put to it at this time.
MR. DENNIS: And I'd just like to say to that, Commissioners,
that I appreciate your effort in the county to work with us on
endangered species. These are very difficult issues down here, and we
just would appreciate continuing to work with you on all these issues.
COMMISSIONER HENNING: And once again, if I may go
back. We have one in the works right now. When I say we, I'm
talking about the landowners, are putting together, one, it's a panther
protection program that not only encompasses Collier County, the
northern part of it, but it picks up parts of Lee and Hendry, and this
program's going to grow, but it has all sorts of some
compensation-type thing built into it for voluntary people to be able to
come aboard.
Beautiful program, totally endorse it. It's for the best interests of
the landowners. But I won't support a program that we just, from this
point, mandate out there, and I can't see the benefit to the county. I
mean, it's just -- the benefits are nebulous to say the least. Is that a
word?
CHAIRMAN FIALA: Yes, it is.
Commissioner Henning? Oops. He'll be back.
Commissioner Coyle?
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COMMISSIONER COYLE: I'm still eating. You're going to
have to wait a while.
CHAIRMAN FIALA: Oh, here comes Commissioner Henning.
COMMISSIONER COYLE: Oh, I don't know what's --
COMMISSIONER HENNING: I'll second the motion.
COMMISSIONER COYLE: Okay. I don't know what we're
doing. We created this committee for the purpose of developing this
plan, and now they've developed a plan and now we're saying we don't
want to get involved in it. I'm sort of confused.
COMMISSIONER COLETTA: Yeah.
COMMISSIONER COYLE: So what's going on, Judy?
MS. HUSHON: Well, we developed a straw band. That's all this
plan is right now. It needs a lot more development. You can kill it
right here, or we can continue on, which is what we're proposing to do
to make it a good plan.
We've come up with some other ideas recently, I talked to Mr.
Coletta about one of them, which was, if people want to manage their
property for Red-cockaded Woodpeckers, maybe we'd reduce their
property tax ad valorem rate, you know. That's -- that would give
them a little payback for this.
COMMISSIONER COLETTA: Yeah, that's always a
possibility; once again, it has to do with compensation.
MS. HUSHON: But I'm just saying -- but these are things that
take a lot of evaluation -- a lot of time to talk out, a lot of evaluation.
We didn't have a lot of time and evaluation. We did all this in nine
months.
And we had a baby. The baby's a little imperfect, as Amber kind
of said, that we have an imperfect baby. We have a chance to improve
this baby, unlike some of them, to teach it new tricks and to improve
it.
COMMISSIONER COYLE: Okay. So would it be fair to say
that you're not really looking for a total endorsement of this plan at the
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present time?
MS. HUSHON: That's correct.
COMMISSIONER COYLE: Okay. Then maybe I can help you.
I like the concept. I don't like the liability, and I don't like the
penalties that are placed on landowners. If you can -- if you can
develop some incentives for landowners that make it attractive for
landowners to create or protect habitat, I think that would be an
excellent improvement to the plan.
I would like to have some working relationship with the Fish and
Wildlife Service so that we could create plans like this, they could use
them if they wish for their decision-making processes, and we
wouldn't have to pick up any liabilities associated with their decisions,
but maybe that's not possible. Maybe it's not even desirable.
But I would ask that you take a look at ways you can make it
better, and you have some suggestions you've shared with us tonight.
The only other one is that the plan apparently applies to receiving
areas that have been previously designated; is that a -- is that fair?
MS. HUSHON: There was some habitat, a small amount of
habitat that happens to occur in a receiving area.
COMMISSIONER COYLE: Yeah, right there.
MS. HUSHON: Right there.
COMMISSIONER COYLE: Yeah.
MS. HUSHON: It just so happens that that's really good habitat.
I think we could work with that landowner. They're going to have to
set aside some preserve area anyway when they develop that piece of
property, which they want to. And I think we could work with them
to set aside that as that -- that good property -- good land as preserve.
COMMISSIONER COYLE: Yeah, well--
MS. HUSHON: And maintain it for RCWs as a preserve.
COMMISSIONER COYLE: Yeah.
MS. HUSHON: And so I think we can work with that landowner
even though it is receiving. You know, I think that one -- because of
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September 29, 2009
the size of that piece of property and the fact that they are going to
have to set some land aside as preserve, I think that's one of those
things one can negotiate.
COMMISSIONER COYLE: Yeah, good. Well, I think those are
the kinds of approaches we want to take, cooperative approaches, and
providing incentives rather than try to ram it down somebody's throat.
So I would be happy to make a motion that we approve the plan
and encourage you to continue improving it, taking a look at some of
the things that you've suggested, such as providing incentives to
landowners and negotiating with others to create preserves for habitat,
and come back to us at a later date, and hopefully it will be a plan that
everybody can endorse and we can move forward.
MS. HUSHON: Could we apply for a Section 6 Grant?
COMMISSIONER COYLE: Well, yeah.
MS. HUSHON: That would be a good thing.
COMMISSIONER COYLE: You could even apply for a Section
8 if you want to.
MS. HUSHON: I think we want a Section 6.
COMMISSIONER COYLE: Okay, all right.
MS. HUSHON: But no, we would like that opportunity to apply
to try to get some funds that we could then use to the benefit of the
county .
COMMISSIONER COYLE: Okay.
MS. HUSHON: Because right now, we could even hire an HCP
coordinator to take over some of the functions that our county staff is
having to do right now. Our county staff -- our environmental staff,
our environmental staff, as you know, is covered by permit fees and
things, and they're so -- stretched so thin they really don't have time to
take this on.
COMMISSIONER COYLE: Well, I would support your
application --
MS. HUSHON: And we tried to do as much as of this as we
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September 29, 2009
could not put it on their burden -- that burden on their backs.
COMMISSIONER COYLE: Oh, maybe I shouldn't support the
application.
MR. KLATZKOW: No, you can support it.
COMMISSIONER COYLE: Okay. I would support your
application for grants, but the County Attorney wants to tell me the
risks.
MR. KLATZKOW: Well, no, not a risk. My recollection is that
the committee's sun-setted.
MS. HUSHON: We are. We have to be resurrected.
MR. KLATZKOW: So there is no they right now.
COMMISSIONER COYLE: I hereby resurrect the --
MS. HUSHON: We died on the 12th.
COMMISSIONER COYLE: Well, look, look, you're a volunteer
committee, you're doing good work, it's something we need to do. As
long as we don't have to implement it in its current form, what
downside is there if we resurrect you and let you continue working?
MR. KLATZKOW: There is no downside, sir. You just need to
resurrect.
COMMISSIONER COYLE: Okay. I make a motion that we
resurrect, and adding that to my other motion that we accept the report
and encourage you to improve upon it, and that you apply for a
Section IV grant. And anything else you need?
MS. HUSHON: That's what we need right now is --
COMMISSIONER COYLE: Okay.
MS. HUSHON: And we may need to advertise for some new
committee members. I don't know. You know, they'll have to re- -- if
we resurrect, Sue --
MS. FILSON: I didn't know you were sun-setted. We normally
do that by resolution.
MS. HUSHON: Oh, okay.
MR. KLATZKOW: Ifmemory serves me right, the committee
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September 29, 2009
was -- the committee had started out by resolution rather than by
ordinance, but this was supposed to be an ad hoc committee with a
one-year life. If the board wants, I'll come back with an ordinance
that makes it a regular board committee, and then we could advertise
for members, and they could apply for grants subject to board
approval.
COMMISSIONER COYLE: Okay.
COMMISSIONER HALAS: I'll second that motion.
CHAIRMAN FIALA: Okay. We have a motion on the floor and
a second.
Commissioner Henning?
COMMISSIONER HENNING: No, I'm ready to move on to the
next item.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Forgive me, but could
we identify the scope of action we're talking about? In other words, a
-- whatever takes place, that's going to be something that's voluntary
for the landowners to be able to join in and not be mandatory?
COMMISSIONER COYLE: Well, that's what we just told them.
COMMISSIONER HALAS: That's what we made in the motion.
COMMISSIONER COLETTA: Okay. Just wanted to make
sure. I had to say that out loud one more time.
CHAIRMAN FIALA: Okay. Well, that's good. That's good to
repeat that, because you always are protective over the landowners.
COMMISSIONER COYLE: But in your district, these are red
cockatoo woodpeckers.
COMMISSIONER COLETTA: Watch your language,
Commissioner. We call them RCWs where I come from.
CHAIRMAN FIALA: Okay. We have a motion on the floor and
a second. Do we have any further discussion?
(No response.)
CHAIRMAN FIALA: I want to thank you-all for indulging us.
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September 29, 2009
By the way, as can you see, our personalities got a little bit better as
we fed the faces a little bit.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: There's one opposed. 4-1, thank you.
THE COURT REPORTER: Can I have five minutes? I need to
do a disk change.
CHAIRMAN FIALA: Certainly. We will take five minutes for
the stenographer.
(A brief recess was had.)
CHAIRMAN FIALA: Hello, everyone.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes.
MR.OCHS: Ready to move on?
CHAIRMAN FIALA: Yes, sir.
Item #8B and Item #10K (Discussed together)
Item #8B
RESOLUTION 2009-233: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2009-10 ADOPTED BUDGET - ADOPTED;
Item #10K
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September 29, 2009
RECOMMENDATION TO APPROVE BUDGET AMENDMENTS
APPROPRIATING $276,351,171.83 OF UNSPENT FY 2009
GRANT AND PROJECT BUDGETS INTO FISCAL YEAR 2010. -
APPROVED
MR.OCHS: Well, by my count, the next item is Item 8B. It was
previously 17F. That's a recommendation to adopt a resolution
approving amendments appropriating carry-forward, transfers, and
supplemental revenue to the fiscal year 2009/2010 adopted budget.
Mr. Y onkosky, your budget manager and director, will present.
This item was pulled at Commissioner Henning's request.
CHAIRMAN FIALA: Commissioner Henning, you want to just
dig in right there?
COMMISSIONER HENNING: Yeah. The -- there's a ton of
money here, and I appreciate the extra information. And it's
everybody's understanding that we removed the responsibilities from
Pelican -- Pelican Bay to -- or for Clam Bay, but we're still allocating
-- we still have their moneys to do Clam Bay's capital projects.
MR. YONKOSKY: Yes, sir. One of the items for the Pelican
Bay is 540,000 in Clam Pass, and there's several projects that that
entails, that the board has approved those projects over the year.
COMMISSIONER HENNING: Right. And one of them is
dredging the pass, correct?
MR. YONKOSKY: Let me check.
COMMISSIONER HENNING: Well, maybe we should just
identify what that half a million dollars is for.
MR. McALPIN: For the record, Gary McAlpin. There's two
items that are in the carry-forward amount. One is $170,000 for
mangrove maintenance, and the other is about $360,000 to rebuild the
berm, and those were two projects that they had been authorized that
they will execute this coming year.
COMMISSIONER HENNING: Okay. Well, with that, I guess
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September 29, 2009
I'm okay with the -- that's what it's going to be used for.
CHAIRMAN FIALA: Okay. We have a speaker?
MS. FILSON: One speaker, Marcia Cravens.
MS. CRAVENS: I'm sorry. I missed the beginning of that
discussion. I didn't realize you'd be back from your break so quickly.
But what brought this to my attention was an ad that was printed,
a notice that was printed in September the 21st Naples Daily News,
and it has, you know, budget amendments here with a list of funds. It
has listed Fund 320 as Clam Bay Capital Fund. It neglects to mention
that it is a Pelican Bay MSTBU fund and that it has Pelican Bay
MSTBU fund, I believe, since there has been an MSTBU; although
I'm told that the Clam Bay items in the past were all line items as a
budget differently than what they're doing now.
They actually showed up on the MS TB U assessments in a line
item type of way. The only thing that's different as far as the residents
of Pelican Bay now is that they don't see those particular line items
when they pay their assessments.
But I can tell you that, you know, as far as the residents of
Pelican Bay go, when they pay their MSTBU assessments -- and I go
to many of the meetings. I've also been to the subcommittee for the
budgets. And Clam Bay Fund 320 is absolutely identified for the
PBSD, which is the arm, as you know, of government here that
provides service to the Pelican Bay MSTBU.
And so, I just would like to see this clarified. There's been some
real concern that these funds that are the -- from the MS TB U of
Pelican Bay are now being somehow identified differently than that,
and there's some real concern to that.
The Clam Bay conservation area preserve is vital to the Pelican
Bay community. It's a benefit and a responsibility to us. We willingly
pay our Pelican Bay MSTBU assessment, and we want to just be
reassured that it is accurately recorded and referenced as Pelican Bay
MSTBU funds and that it is for the use of the Pelican Bay MSTBU for
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September 29, 2009
our ongoing restoration efforts.
Restoration of the conservation area is not a finite thing. It
continues. There is always work to be done there. It's not -- you
. know, there was a very successful restoration of die-off that we still
have areas of concern. It is not completely addressed, and it never
will be completely addressed because it's a living ecosystem. It
requires ongoing work with it, and that's what that fund is supposed to
be for.
COMMISSIONER COYLE: Buzzer?
MS. CRAVENS: What I wondered -- the thing on the Naples
Daily News was that it had it as one million two, and there have been
a lot of other reports all citing different amounts.
You know, I just would like to see this clarified. I'd like to know
what -- the category of the fund, I'd like to see that clarified, what it's
supposed to be used for --
CHAIRMAN FIALA: Thank you, Ms. Cravens.
MS. CRAVENS: Thank you. Appreciate it.
CHAIRMAN FIALA: Yes?
COMMISSIONER HENNING: Madam Chairman, I make a
motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER HENNING: Marcia, that public notice, I
think you need to get a copy to the budget office. If it's wrong
somehow, we need to correct it.
MR. YONKOSKY: Yes.
MS. CRAVENS: It's in the Naples Daily News, September 25th.
It was advertised four times.
COMMISSIONER HENNING: Yeah, okay. The next thing is--
CHAIRMAN FIALA: We have a motion on the floor.
COMMISSIONER COYLE: Yep.
COMMISSIONER HENNING: Yeah, a motion on the floor.
CHAIRMAN FIALA: Did you want to talk about the motion
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September 29, 2009
some more?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Oh, okay. Just wanted to make sure.
COMMISSIONER HENNING: It says -- on the resolution it
says, budget amendment number. They're all the same number. I
mean, there's no identifying of categories in the budget resolution.
MR. YONKOSKY: What page of your agenda, sir?
COMMISSIONER HENNING: Well, I'm on page -- okay, I'm
sorry, Page 3.
MS. CRAVENS: The numbers are in the newspaper.
COMMISSIONER HENNING: The -- you have the fund
amount, but it has the budget amendment numbers. Shouldn't they be
different? Because they're all the same.
MR. YONKOSKY: No. This one is where we've -- there's
another one, a companion, if you look at lOB, or 10K, that's a
companion to it that you had pulled also, Commissioner.
There's -- if you remember, staff comes to you with an agenda
item, and you approve that item and you approve any budget
amendments that go with it. Normally that's the process.
Then the budget office comes back and looks at those, and if they
require -- if they're required to be advertised under an advertised
public hearing, then we bring you another resolution back.
And so this -- these two items, if you look at 10K, there's a
recommendation to approve budget amendments appropriating $276
million, which is that schedule, Commissioner Henning, that we sent
you.
COMMISSIONER HENNING: Okay.
MR. YONKOSKY: And then this one, it's an advertised public
hearing because certain one of those items has to be approved by the
board after an advertised public hearing. That's the budget law,
Chapter 129. Now that's why there's two.
COMMISSIONER HENNING: I see.
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September 29, 2009
MR. YONKOSKY: There's normally not two on the agenda, but
because we're at year end, we need to get these in, we put them both
on at the same time.
COMMISSIONER HENNING: Well, I'm going to remove my
motion because the whole purpose of pulling 16F8 was to, you know,
ask if there was anything that we -- that we -- which item is absolutely
necessary for us to expend, and can we take some of that and put it in
reserves.
CHAIRMAN FIALA: But aren't we? We're 17B (sic), right.
COMMISSIONER HENNING: Yeah, we're on 17- -- if they're
related --
CHAIRMAN FIALA: 17F I mean.
COMMISSIONER HENNING: If they're related, why not take
them both?
MR. YONKOSKY: And I agree with that, and that's what I
suggested, Commissioner, that you do.
CHAIRMAN FIALA: Oh, okay.
MR. YONKOSKY: To your question, this money has all been
approved and it's appropriated in projects that the board's approved in
the past. Some of it may be two or three years old. There's purchase
orders that have been issued on it.
What we're trying to do is to get you to approve the budget
amendment so that there's budget in there for -- to make payments. If
it's an engineering firm, for example, and there's a payment that has to
be made, the way it currently sits, and if -- if this isn't adopted, there
may be two to three weeks before the payment gets made because
they'll have to come back to you at the next board meeting with an
individual amount to be appropriated. We're trying to do it all at once,
and that's basically the reason that the two are the same, the
276,351,000.
COMMISSIONER HENNING: Billion.
MR. YONKOSKY: Million.
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September 29, 2009
COMMISSIONER HENNING: Million. Yeah, a quarter of a
billion dollars. No, it's -- it's 200 million, it's way over. And, you
know, it's -- I'm just asking, is there any of that money, like 10 percent
of it, can we put in reserves for this coming fiscal -- this other fiscal
year?
MR. YONKOSKY: And that would -- there's a lot of things you
can do, Commissioner, but that would be very hard because we don't
know whether they're going to come to you with a budget amendment
for the contract, go up or down. Every year we close projects out.
Every year you approve new projects.
COMMISSIONER HENNING: I guess it's a question for the
future County Manager.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve. This
is 1 7F; is that correct?
COMMISSIONER HALAS: Both of them.
COMMISSIONER COYLE: Both of them.
CHAIRMAN FIALA: Both of them?
COMMISSIONER HALAS: Both of them.
MR. YONKOSKY: 17F and 10K.
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: And 10K. Okay. A motion to approve--
COMMISSIONER HALAS: And my second, too.
CHAIRMAN FIALA: -- both of these by Commissioner Coyle,
a second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
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September 29, 2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay.
Item #9A
RESOLUTION 2009-234: RE-APPOINTING ANTHONY BRANCO
AND DAVID C. LARSON TO THE LELY GOLF ESTATES
BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED
MR.OCHS: Madam Chairman, that takes you to Item 9, Board
of County Commissioners. 9A is appointment of members to the Lely
Golf Estates Beautification Advisory Board.
COMMISSIONER COYLE: Motion to accept the
recommendations of the committee, Anthony Branco and David
Larson.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. All those in favor, signify by
.
saYIng aye.
MS. FILSON: Who seconded?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER COYLE: Oh, Commissioner Henning
seconded.
MS. FILSON: Okay, thank you.
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September 29,2009
Item #9B
DISCUSSION OF LETTER FROM DONNA FIALA, CHAIRMAN,
BOARD OF COUNTY COMMISSIONERS TO DWIGHT E.
BROCK, CLERK OF THE CIRCUIT COURT - MOTION TO
ACCEPT - APPROVED
MR.OCHS: 9B is a--
CHAIRMAN FIALA: lOB?
MR. OCHS: No, ma'am, 9B.
CHAIRMAN FIALA: 9B. Didn't we do that with --
COMMISSIONER HALAS: We did that.
COMMISSIONER HENNING: No, we did not.
MS. FILSON: No, we didn't.
MR. OCHS: No, we didn't. 9B is an add-on item from
Commissioner Henning regarding discussion of a letter from
Chairman Fiala to the Clerk of Courts.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HENNING: Yeah, that's the public records
request.
CHAIRMAN FIALA: Yeah, okay.
COMMISSIONER HENNING: There's no public person --
public purpose in that. I mean, it was to ask him for all the receipts for
paying his lawyers.
COMMISSIONER COYLE: So?
COMMISSIONER HENNING: Why do we need that? I mean,
seriously. What does that solve? It doesn't solve anything. It creates
more work, and it's always, oh, he spent this, and oh, he spent that on
attorney fees, and it doesn't serve any purpose.
I thought we can get rid of some of this nonsense with his budget.
COMMISSIONER COYLE: Public disclosure isn't nonsense.
COMMISSIONER HALAS: That's right. This is a public
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September 29, 2009
disclosure, and I think everybody should understand where their tax
dollars are going, no matter who's spending it. And there has to be
transparency in regards to this. So I think it was the right thing to do.
COMMISSIONER HENNING: What are you going to do with
that information?
COMMISSIONER HALAS: The information is out there for the
people to understand how government works here in Collier County.
COMMISSIONER HENNING: Well, how much did we spend
on hotel stays on Marco Island for this last F AC?
COMMISSIONER HALAS: Probably $135, okay? And it was
a good -- for a good public purpose, and it's out there in record.
Anybody wants to -- anybody wants to pull my travel voucher can go
ahead and do it, okay?
COMMISSIONER HENNING: Where is it? I'd like to see it.
CHAIRMAN FIALA: Come on now. Let's not--
COMMISSIONER COLETTA: This is getting bad.
CHAIRMAN FIALA: Yeah, that's getting -- why attack one
another?
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN FIALA: That's wrong.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve by
Commissioner Coletta, a second by Commissioner Coy Ie.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HENNING: Aye.
Page 31 7
September 29, 2009
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: I expected that out of him.
Item #10B
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DIRECT THE COUNTY MANAGER OR HIS
DESIGNEE TO INITIATE ALL PRUDENT AND SUFFICIENT
MEASURES INCLUDING PROCESSING ALL NECESSARY
FYI0 BUDGET AMENDMENTS TO ENSURE THE BOARD'S
GENERAL FUND (001) HAS SUFFICIENT CASH AVAILABLE
AND ON HAND ON OCTOBER 1,2009 TO MEET COLLIER
COUNTY'S OPERATIONAL EXPENSE OBLIGATIONS UNTIL
SUCH TIME WHEN THE FIRST AD VALOREM PROPERTY
T AX RECEIPTS ARE RECEIVED - APPROVED
CHAIRMAN FIALA: Okay, lOB.
MR.OCHS: lOB is a recommendation that the Board of County
Commissioners direct the County Manager or his designee to initiate
all prudent and sufficient measures, including the processing of all
necessary FY2010 budget amendments, to ensure that the board's
general fund has sufficient cash available and on hand on October 1,
2009, to meet Collier County's operational expense obligations until
such time when the first ad valorem property tax receipts are received.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Which one are we on?
CHAIRMAN FIALA: lOB.
MS. FILSON: lOB.
CHAIRMAN FIALA: Motion to approve by Commissioner
Coyle.
COMMISSIONER HALAS: I'll second.
CHAIRMAN FIALA: And a second by Commissioner Halas.
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September 29, 2009
Any discussion, any questions?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
lOG.
Item #10G
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN COLLIER COUNTY AND THE
ECONOMIC DEVELOPMENT COUNCIL OF COLLIER
COUNTY FOR CONTINUATION OF THE ECONOMIC
DIVERSIFICATION PROGRAM BY PROVIDING A
CONTRIBUTION TO THE EDC OF UP TO $400,000 FOR
FISCAL YEAR 2010, AND AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS TO SIGN THE
AMENDMENT ON BEHALF OF COLLIER COUNTY -
APPROVED
MR.OCHS: lOG, ma'am. It was moved off your consent
agenda. It was formerly 16A3, and that's a recommendation that the
Board of County Commissioners approve the first amendment to the
agreement between Collier County and the Economic Development
Council of Collier County for continuation of the economic
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September 29, 2009
diversification program by providing a contribution to the EDC of up
to $400,000 for fiscal year 2010, and authorizing the chairman of the
Board of County Commissioners to sign the amendment on behalf of
Collier County.
It was pulled by Commissioner Halas, I believe.
COMMISSIONER HALAS: Yeah. And the reason I pulled this
is because for the last number of years we have given EDC
approximately $400,000 a year. And I asked staff to give me a
rundown of how many jobs this has created over the number of years
that we've been putting this budget together, or the amount of money.
And the best that staff could come up with is about 98 jobs have been
provided here for the amount of money that's been spent.
The other thing that I feel that needs to be disclosed is, of course,
the county gives EDC $400,000 a year, and I believe that there needs
to be full transparency of how much money the EDC gets, and I
believe that this should be brought out in the public so that we
understand exactly what's going on, and I'd like to know exactly what
the total expenses are for all the money that's provided, both private
and by the county.
MS. NEMECEK: Good evening. Tammie Nemecek, President
and CEO of the Economic Development Counsel.
Madam Chairman, Commissioners, the EDC has had a
public/private partnership with the Board of County Commissioners
for ten years. And I think the information that staff provided you were
only those companies that participated in the incentive programs. So I
think it's an -- inaccurately reflects the activities of the EDC, and those
are the financial incentive programs. I don't know that it even counts
the fast tracks in there that the companies have participated in.
But we've had over 130 projects assisted through public/private
partnership over the last ten years.
COMMISSIONER HALAS: Well, can I give some examples of
the only one that's really panned out well is March Performance. We
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September 29, 2009
gave them total value of local incentives, 40,000. The number of
proposed jobs was 40, and they met that criteria.
We have other ones such as Guadalupe Center, which was
instituted -- it was approved by the board in 1/25/2005. And the
number of jobs was supposed to be 25, and right now there's zero.
There was training and manufacturing institute that said they
were going to come forth in seven (sic). When it was approved was
July 26, 2005, and it had an incentive program, $185,684. The
number of jobs was 20, and right now we've only had five.
And when we add up the total number, unless the staff has given
me wrong information -- but like I said, I believe also that we need to
make sure that we have full transparency.
Since you come before the board asking for funding, I believe
that there should be some transparency so that we have an
understanding that it's a 50/50 cost share and what the expenses are.
MS. NEMECEK: We provide you a quarterly report. In the
third quarter of each year we provide you the revenue generated as a
match per our agreement so that you can see that we're matching those
dollars one for one the funding that the public sector provides, which
is per the agreement.
COMMISSIONER HALAS: And do you also include in there
the expenditures?
MS. NEMECEK: That information is not required as part of the
agreement, but I'd be more than happy to give you the expenditures if
you'd like them.
COMMISSIONER HALAS: I think that would be -- because I
think it's beneficial for everybody to realize what's going on, as I said
before. Unless staff has given me the wrong information, I'm very
concerned that we're getting the bang for the buck here.
MS. NEMECEK: I don't believe that the staffs report accurately
reflects all of the activities of the Economic Development Council. It
reflects only those things that they particularly touch, but they're --
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September 29, 2009
they -- I don't know how much time Amy particularly spends on EDC
work, but it is only with the financial incentive program which was
approved by the Board of County Commissioners in 2003. The
public/private partnership was approved in 1997, so you had many
years of activities where we weren't doing incentive programs related
to that.
So the -- you can't just take the incentive program on its own and
say, that's the only thing that we do. The incentive program is a
but- for incentive program. It's performance based. You don't have to
expend the dollars if the companies don't participate or don't fully
create the jobs that they say that they're going to create.
But as I said before, we had over 130 projects that the EDC --
companies that the EDC has worked with over the last ten years
directly participating in either a fast-track or an incentive program, but
we've touched many more companies and assisted companies beyond
that.
And I think that in each our quarterly reports we provide a letter
of support from the businesses that we work with thanking the county
commission and the EDC for the assistance provided.
I don't know -- we just provided the last quarterly report to you,
and the annual report's going to be coming to you shortly here for this
fiscal year.
But we typically average between eight and nine county projects
a year, but we vet through hundreds of companies that we directly
work with in assisting them in site location or helping them get
financing or getting them business counseling. There's a number of
programs that we do for retaining and expanding business, as well as
helping to attract businesses to the area.
COMMISSIONER HALAS: I also have one sheet here in
regards to all the people that have come forward looking for
assistance, and the end result is the project failed to move forward,
was withdrawn, and -- including Sky Truck, Taylor Elevator, DLC
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September 29, 2009
Marine, NCH, and it goes on with additional listings. And there's no
-- been nothing on that in regards to it.
MS. NEMECEK: I'm confused -- as far as ones that have opted
out of the incentive program? Some of those might have--
COMMISSIONER HALAS: Nothing's moved forward.
MS. NEMECEK: Well, some of those were broadband
incentives.
COMMISSIONER HALAS: A few that got out.
MS. NEMECEK: Yeah. Some of those were broadband
incentives. Like NCH was a broadband incentive for the broadband
incentive program that -- they didn't end up putting the fiberoptics
there. If I can -- I didn't see the report that the staff gave to you. They
didn't send it to me to validate. So I can't comment on something that
I don't --
COMMISSIONER HALAS: I thought they were -- I thought
they had sent this to you some time ago.
MS. NEMECEK: Which one are you referring to?
COMMISSIONER HALAS: Pardon?
MS. NEMECEK: Which project are you referring to?
COMMISSIONER HALAS: Okay. For instance, you had
Bright Medical. They had broadband, but they also were going to
have -- proposed 20 employees. The project failed to move forward.
You have another one down here, Glenalope (sic). It was a new
project, and we had an incentive program of $97,000. They were
going to come up with 20 jobs. The project failed. Another one was
93 jobs. Below that, which is Mobile Internet Technology, failed to
meet the program requirements.
Then we go down to NCH and withdraw (sic). NDIC withdraw.
MS. NEMECEK: Those are all broadband, which the only thing
that they're doing is putting in broadband infrastructure.
COMMISSIONER HALAS: Well, it says here that the proposed
number of jobs -- it gives you a column with the proposed number of
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September 29, 2009
jobs that were supposed to be brought here to Collier County. And the
end result is, they never showed up.
Like, Sanco High Velocity. They had an incentive of$511,580,
and they had -- number of jobs was 63. The project failed to move
forward.
MS. NEMECEK: There's a lot of them. There's -- Sky Tre- -- or
Sky Angel that was going to invest three quarters of a billion dollars,
and because of the permitting time that it took them to negotiate over
whether or not the roofwas of primary color blue or secondary color
of blue, because of a fence, I mean, timing that killed the deal.
So I just -- I guess the question is, is what would you like -- what
would you like us to do?
COMMISSIONER HALAS: Well, number one is, I would like
to make sure that -- I'd like a true accounting of the actual jobs that
EDC is bringing in here that can be validated by the staff, and I also
think that when you come forward with asking for $400,000 -- that
one needs to be brought up -- is that a full budget? So we have an
understanding of what your budget is and what your expenses are,
okay?
MS. NEMECEK: We have a requirement to match the dollars
one for one. So as a part of the program, it's at least 800, but our
budget typically has been in the million-dollar range.
COMMISSIONER HALAS: Okay. That's where I stand with it.
MS. NEMECEK: Okay.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I was just going through
this, and -- I don't know. I'm trying to -- I know what you're up
against. The thing is, it's not so much what didn't work, it's what did
work.
MS. NEMECEK: Absolutely.
COMMISSIONER COLETTA: And that's where you should
take the measurements from. I mean, this is something where you're
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September 29, 2009 .
in a tremendous amount of competition with every entity out there
from one end of the world to the other, and in order for you to
succeed, certain events have to take place.
You might -- might try two out of three, and if you get the third
one, that's business we never had before.
Now, yes, we do expend some costs and staff maybe trying to get
to that point, but if someone puts in for a large grant for some sort of
job or something, that money isn't paid to them until they actually
have the jobs on hand, right?
MS. NEMECEK: Absolutely.
COMMISSIONER COLETTA: So that money -- that number is
a fictitious number that only exists if they go through. It's not money
that's been spent? Have I got it wrong? Am I missing something?
MS. NEMECEK: Our job -- I mean, there's so many things that
we have to ask for permission for. We had a site selection consultant
that was in here working with our board of directors, and his analysis
of our issues in Collier County is that 90 percent of our staffs time is
asking for permission from somebody else to be able to do what needs
to get done for these businesses.
COMMISSIONER COLETTA: Yeah.
MS. NEMECEK: So we get them to the point where they say,
yes, I want to do something, and then they have to start going through
the hoops, whether or not it's local or at the state level. They have to
start going through hoops. Many times these things will be successful
and many times those things will fail. But for us out there doing that,
none of that would occur, the successes nor the failures.
And I'm not going to tell you that every single company we're
going to talk to is going to say yes to Collier County. It's just
impossible to think that that would occur. But it's like any sales job
that you have. How many phone calls do you have to make in order to
get somebody to actually return your phone call, to get somebody to
actually have a meeting with you, get somebody to actually buy your
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September 29, 2009
product? That's the process that we have to go through.
And applying for these means that we're asking them to do
something. Sometimes those will fall through, but you don't have to
expend any dollars in that process.
COMMISSIONER HENNING: Yeah. Just for example, picking
one out at random. Sanco High Velocity local expansion in the
eastern part of Collier County, job creation, fee payments assisted in
broadband. Halfmillion, 5 million -- $511,580. Proposed jobs, 63.
Number of jobs created, zero.
Okay. So go back. Did we spent a half million dollars?
MS. NEMECEK: No, we did not.
COMMISSIONER COLETTA: Yeah, that's the point.
MS. NEMECEK: In addition to that, the requirement of the
program is that they apply for the incentives before the decision is
made, so many times they'll apply for the incentive programs, but
maybe something else happens where they'll put the company--
they'll actually decide to put the company elsewhere.
So I think it's -- it's very difficult to compare a company that says
-- you know, that comes into the program and says, I'm interested in
your county. Can I apply for these incentives? Do I qualify for them?
After I qualify for them, I'll make my decision if I'm going to come
there or not.
COMMISSIONER COLETTA: Right.
MS. NEMECEK: And sometimes that decision is no, I'm not
going to do it, no, I'm not going to do it here, and sometimes that
decision is yes.
So in the whole scope of this, you will find that there will be
several companies that have applied for the program. You said, yes,
we're willing to support you, we're willing to support your business
here, but it's not enough to get them to actually do that business here
in the community.
COMMISSIONER COLETTA: Thank you.
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September 29, 2009
MS. NEMECEK: You're welcome.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, Commissioner Coletta, I
think you also need to -- besides, you know, talk about the success,
you also -- we ought to know why others didn't happen, such as, you
know, a primary color. Is it -- what color is it blue (sic) for the
architectural standards in our Land Development Code or, you know,
what kind of fence you put up. Those are the things that we need to
know to try to fix. If we're going to diversify our community, we need
to remove those.
COMMISSIONER COLETTA: With an exit interview.
MR. SCHMITT: I'll be glad to talk about that.
COMMISSIONER HENNING: No, I don't want to talk about
that now.
MR. SCHMITT: All right.
COMMISSIONER HENNING: Are you kidding me? It's almost
9:30. You want to bring up something new? You know, we need to
fix those things. We don't have to fix them tonight, but we need to fix
those type of things.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
COMMISSIONER HENNING: Second, second.
COMMISSIONER HALAS: I got a question. How much staff
time do we spend on these things that end up costing the county a lot
of money and we don't get any reimbursement on it? Has anybody
got any idea on it?
MS. NEMECEK: What, on the incentive programs?
COMMISSIONER HALAS: Well, incentive programs or the
items that -- just the ones that staff has related here.
MR. SCHMITT: For the record, Joe Schmitt. You have the list
of both withdrawn and --
COMMISSIONER HALAS: Yep.
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September 29, 2009
MR. SCHMITT: -- applied. Every one of these come to you for
board approval, so they involve an executive summary, staff review,
the County Attorney review, and then they come to you. So I could
categorize the time involved in it.
COMMISSIONER HALAS: Do we get any money for this
thing, for doing this, from the people that are coming forward with
these?
MR. SCHMITT: No. There's no money involved. There's a
portion in my budget to cover -- cover this. In the budget for the EDC
is $400,000 plus a portion of Amy's salary to cover the work that she
does in supporting the EDC, and that's in my budget.
COMMISSIONER HALAS: But as far as other staff members,
we do this out of the kindness of our heart?
MR. SCHMITT: I pay overhead costs for County Attorney and
other activity that I have to pay for. That's out of -- that's all out of my
overhead.
COMMISSIONER HALAS: This is amazing.
CHAIRMAN FIALA: I think one of the things that baffles some
of us a little bit maybe is, it shows some of the businesses that you feel
that you've helped to establish here. Physicians Regional, for
instance, TIB Bank, Anchor Health, Kraft, but they were already here.
I mean, Physicians wasn't, but they had already selected the site. So
maybe there's a misunderstanding.
RCMA. Heck, they've been here longer than you and I have
been here. Naples Daily News and Ave Maria. You know, it wasn't--
it wasn't EDC that brought them here.
And so maybe -- maybe there's a misunderstanding as to what
you're doing with these people. I mean, is it our staff that's working
with them or is it you guys or --
MS. NEMECEK: EDC.
CHAIRMAN FIALA: You know, so maybe -- maybe if we had
a better understanding of what your $400,000 was doing -- it isn't
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attracting these businesses. They're here. So what are you doing to
augment the services that we give so that it's worth the $400,000?
Possibly that would be what you're asking.
COMMISSIONER HALAS: Yes.
MS. NEMECEK: Okay. If I can explain. You've got -- the
EDC is basically your front line that goes out there and sets the stage
for activity to occur. But for EDC out there saying, you know, are
you interested in moving your business to the community --
CHAIRMAN FIALA: Yeah, but they're already here.
MS. NEMECEK: -- advertising -- even from an existing industry
standpoint. I mean, you can't recruit new companies unless you've got
champions in your community that can say, this is a great place to
have a business.
And so when we're out there working with existing businesses,
we're constantly talking to them about, what's going on in your
businesses, how can we help your expand your businesses, what
services can we provide? You know, if they're having issues with the
county, we work -- you know, we help to mitigate that and help with
the conversation with the county.
The staff time at the county -- and correct me if I'm wrong, Amy
-- is helping us to manage those things that directly are affecting the
county such as the incentive program or the permitting process. But
everything else is done from soup to nuts with those businesses and
helping to grow their business, maintain their business here, being able
to help bring them as champion of the community.
For example, you and I were at For What Interactive. You know,
those -- we spent several hours there talking with that company about
what it's like to have a business in this community, what it's like to
have a technology business in this community where people don't
necessarily understand from a workforce development standpoint or
from even a facility-wise standpoint what it takes to have a company
like that here who's not necessarily even vested in the local
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September 29,2009
community because all their business is done outside the local
business community. So they never have -- they never really have this
sense of community for themselves because all their business is done
outside.
So what we try to provide is this positive business climate, bring
those businesses together on a regular basis, help create that sense of
community for them so that they could be champions for you, be
champions for the community, so that when we get that opportunity to
have somebody who's seriously interested in Collier County, that
they've got -- we've got somebody to go to, say, can you please
explain to them what a great community this is to be in, what a great
support system we have for the businesses here, and help us sell -- be
salesmen for the community and champions for the community and
advocate for them to be here. There's a lot of effort and time that goes
into that.
CHAIRMAN FIALA: So I think that what --
COMMISSIONER COYLE: Madam Chair?
CHAIRMAN FIALA: -- what I'm saying is -- and I'll give you a
chance also. What I think I'm saying is, for next year -- because we're
even going to be in a tighter, tighter, tighter budget than we've ever
been in all of the years we've been here.
And we're going to have to know that the $400,000 that would--
that would sustain six or eight of our own employees that we're not
going to be able to have by giving you the money, you're going to
have to make us know why it's worth it to give you the money.
MS. NEMECEK: And keep in mind that part of that is
employment, part of it is marketing dollars. We have -- we only -- we
only have a $50,000 marketing budget to budget the entire county for
economic development purposes. Compare that to --
COMMISSIONER HALAS: All we're asking is just to bring that
out.
CHAIRMAN FIALA: Yeah, just let us know.
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September 29, 2009
MS. NEMECEK: Yeah, yeah.
CHAIRMAN FIALA: I mean, because you've got to -- you've
got to -- you know, with $400,000 and --
MS. NEMECEK: Be happy to.
CHAIRMAN FIALA: -- we get to not have six or eight
employees, you have to make us know why it's worth our while and
the community's while to give you the money instead of hiring
employees.
MS. NEMECEK: Absolutely.
CHAIRMAN FIALA: All right. I have a motion on the floor
and a second.
Commissioner Coyle? I'm sorry. We have speakers, excuse me.
COMMISSIONER HALAS: I don't think we had a motion.
CHAIRMAN FIALA: Yeah, there's a motion and a second.
COMMISSIONER COYLE: Yep, we did. I hope we don't have
a speaker.
MS. FILSON : We have three, but I think they're gone, but I need
to call them just to be sure, Commissioner.
Janet Vasey?
(No response.)
MS. FILSON: William O'Neill?
CHAIRMAN FIALA: He's here.
MR. O'NEILL: I'll waive.
MS. FILSON: And Bob Mulhere?
CHAIRMAN FIALA: He's gone.
MS. FILSON: Okay. That's it.
CHAIRMAN FIALA: Okay. Okay. I have a motion on the
floor by Commissioner Coy Ie, a second by Commissioner Henning.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
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September 29, 2009
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Okay, that's a 4-1 vote.
MS. NEMECEK: Thank you. I appreciate that.
CHAIRMAN FIALA: Tammie, you've got your homework for
next year.
MS. NEMECEK: Absolutely. We have a workshop in January.
We can talk about it.
Item #10H
RECOMMENDATION TO ACCEPT PROPOSED SETTLEMENT
PROVIDING FOR COMPROMISE AND RELEASE OF LIENS IN
THE CODE ENFORCEMENT ACTION ENTITLED EVERARDO
G. GUZMAN AND GRACIELA GUZMAN, CASE NO. 2007-
030278 RELATING TO PROPERTY LOCATED AT 510 AUTO
RANCH ROAD. NAPLES. FLORIDA - APPROVED
MR.OCHS: Madam Chair, that takes us to Item 10H, was
formerly 16A4. This item was pulled by Commissioner Coletta. It's a
recommendation to accept a proposed settlement.
CHAIRMAN FIALA: Somebody spelled Coletta wrong on here.
COMMISSIONER COLETTA: That's okay. I'm not particular.
CHAIRMAN FIALA: You haven't been around long.
MR. OCHS: A recommendation to accept a proposed settlement
providing for compromise and release of liens in the Code
Enforcement action entitled A verardo G. Guzmond and Graciela
Guzmond, case number 2007030278, relating to property located at
510 Auto Ranch Road in Naples, Florida.
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September 29, 2009
CHAIRMAN FIALA: Look at them coming to a commission
meeting at 9:30 at night.
COMMISSIONER COLETTA: If I may, I might be able to save
everybody a lot of trouble.
And, Diane, I'm so sorry you had to stay this long. Of course,
you probably wouldn't have missed this show for anything in the
world.
But I don't have a problem per se with this particular item, and I
am going to make a motion for approval. I just want to bring the
commissioners' awareness forward one more time about the imbalance
that's out there, people that aren't aware of the fact that you can
negotiate these tremendous fines down just by going before the
magistrate, or whoever it is, or --
MS. FLAGG: Commissioner, let me help you out.
COMMISSIONER HENNING: Yes, please.
MS. FLAGG: We have set processes in place. There are four
opportunities for a community member not to incur any fines.
The first opportunity is to come into compliance when you're
notified.
The second opportunity is to come into compliance by the date
that the special magistrate or the Code Enforcement Board sets.
The third opportunity to waive your fines is at the imposition of
the lien hearing, where at that point we also advertise and tell them
that they can request the Code Enforcement Board or the Special
Magistrate to waive the fines.
Mr. Guzmond, when he was notified of the imposition of lien
hearing, he did not show up for the hearing. Had he showed up, the
fines probably would have been waived.
Their fourth opportunity to get the fines waived is before the
BCC once the lien is imposed. So he's at the fourth opportunity.
Again, we contacted him, said, would you like us to present a letter on
your behalf to have the board waive the fines now that you're in
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September 29, 2009
compliance?
Every community member is offered the same opportunity . We
have very clear processes in place now, and they have four
opportunities to have the fines waived.
COMMISSIONER COLETTA: I'm impressed.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Hey, that's me. Motion to
approve.
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: I got a second over here.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: I've got a motion and second.
Any discussion?
COMMISSIONER COYLE: Motion to deny.
CHAIRMAN FIALA: I heard this motion to approve from Jim
Coletta, second by Commissioner Halas.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you very much, Diane. Sorry you
all had to wait so late. We have new people coming in though. Fresh
new faces coming in at this time of night.
COMMISSIONER COYLE: They're showing up for tomorrow's
workday.
CHAIRMAN FIALA: They probably couldn't believe we were
still meeting. Okay.
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September 29, 2009
Item #101
RESOLUTION 2009-235: RESOLUTION AUTHORIZING
CONDEMNATION OF LAND AND EASEMENTS NECESSARY
FOR CONSTRUCTION OF THE ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS REQUIRED FOR EXTENSION OF
V ALEWOOD DRIVE FROM IMMOKALEE ROAD TO AUTUMN
OAKS LANE - ADOPTED
MR.OCHS: Madam Chair, next item is 101. It was formerly
16B 1. It's a recommendation to adopt a resolution authorizing the
condemnation of land and easements necessary for the construction of
roadway, drainage, and utility improvements required for the
extension of Vale wood Drive from Immokalee Road to Autumn Oaks
Lane. Northbrooke Drive/Valewood Drive extension, Phase 1, project
number 60106, estimated fiscal impact $875,000. Jay Ahmad--
CHAIRMAN FIALA: They must have turned the air conditioner
off.
COMMISSIONER COYLE: Why was it pulled?
COMMISSIONER COLETTA: It's back up.
MR. OCHS: Staff request. We had to get something on the
record, sir, as a condemnation.
MR. AHMAD: Commissioners, good evening, Madam Chair.
This item's a condemnation, and we must put something on the
record as it goes through the court system. And judges normally
require that this board consider certain things, and it must be stated on
the record.
The -- there's a technical memorandum that is attached to this
resolution that explains this condemnation and the requirement for
these condemnations, the properties that we need for this project, and
this board must consider alternative alignments, must consider safety,
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September 29, 2009
must consider long-range transportation plans, and environmental and
cost in your deliberation before you approve this condemnation
resolution.
Believe it or not, Commissioner Coyle, at the last order of taking
that I had, they -- the opposing attorney was questioning how did the
commission consider safety in their deliberation. There was very little
discussion about it. So I'm bringing it to your attention that this is a
serious matter, and the attached resolution and the memorandums
attached ought to be deliberated or considered in -- before you act on
this.
COMMISSIONER COYLE: I've considered the health, safety,
welfare implications and considered all possible realignments of this
facility, and I would like to make a motion to approve.
MR. AHMAD: I appreciate it.
CHAIRMAN FIALA: And do I have a second?
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. And I have a second, okay.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those there favor, signify by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you very much, Jay.
Item #10J
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September 29, 2009
RESOLUTION 2009-236: APPROVING THE ANNUAL RATE
RESOLUTION TO ESTABLISH FEES, RATES, AND CHARGES
FOR THE USE OF COLLIER COUNTY SOLID WASTE
FACILITIES, INCLUDING LANDFILL TIPPING FEES,
RECYCLING CENTER FEES, RESIDENTIAL MUL TI-F AMIL Y
AND COMMERCIAL WASTE COLLECTION FEES FOR FYI O.
THIS RESOLUTION ADOPTS THE RATES THAT FUND THE
FYIO BUDGET FOR SOLID WASTE COLLECTION AND
DISPOSAL - ADOPTED
MR.OCHS: Madam Chair, that brings us to 10J, formerly 16C6.
It's a recommendation to approve the annual rate resolution to
establish the fees, rates, and charges for the use of Collier County
Solid Waste Facilities, including landfill tipping fees, recycling center
fees, residential multi-family and commercial waste collection fees for
fiscal year 2010.
This resolution adopts the rates that fund the FY201 0 budget for
solid waste collection and disposal.
Mr. Dan Rodriguez is available to --
CHAIRMAN FIALA: Who pulled this one?
MR. OCHS: This was from -- Commissioner Henning requested
this item be moved.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah, and I'd love to give you
the -- to follow along the agenda page item, but it wasn't stamped, but
in the resolution it's Schedule D, what I see as a 150 percent increase.
Is that -- is that true? Going from -- the first one is 2.75 per cubic yard
to $6.
MR. RODRIGUEZ: For the record, Dan Rodriguez, your solid
waste management department director.
Commissioner, what page and which item are you looking at?
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September 29, 2009
COMMISSIONER HENNING: Well, I can't give you an agenda
item page. I can give you the schedule item in the resolution, which is
D, as in David.
MR. RODRIGUEZ: Absolutely, Commissioner. What we've
done this year -- last year we had adjusted our rates to take into
account at the recycling centers the different volumes that were
received based on measurement, and we looked at the highest point in
your vehicle or trailer, along with the widest point in length.
And what we've done this year is -- we've had a year to look at
the method, and that method is not the most efficient and practical, not
only for the county to receive the appropriate fees to handle the
disposal of that waste, but for the customers as well.
And what we've come up with is an average per-load rate for
different commodities. And even though -- it actually comes out
better for the customer. Where before we were measuring height of a
trailer where they might have had a piece of two- by-four sticking out,
we would have taken all that volume in so that we're consistent. We
now look at the truckload, and they're allowed to fill it to a certain --
COMMISSIONER HENNING: Well, I've used the facilities
before, and it's a measurement -- it's a yardstick measurement. And if
I had a two-by-four sticking out of it, it wasn't measured. So if I have
one cubic yard of waste, it's one -- it's 150 percent increase.
MR. DeLONY: No, 2.75.
MR. RODRIGUEZ: It's $2.75 for one cubic yard, so --
COMMISSIONER HENNING: It still is, even after this
resolution?
MR. RODRIGUEZ: Yes.
COMMISSIONER HENNING: Okay. So we're going to adopt
not only in the column, the 2009 schedule fees, but also the 2010
schedule fees?
MR. RODRIGUEZ: Let me clarify that for you. In the print
there, it's less than one cubic yard. So if you get smaller than that, we
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September 29, 2009
have that base minimum charge. So once you get beyond that, then
we go to a truckload bed charge or trailer charge.
COMMISSIONER HENNING: Okay. But that isn't what it says
here. But you're saying, and we're putting it on the record, if we have
less -- if I have a -- if I have a garbage bag full of waste in the back of
my truck, you're going to charge me $2.75?
MR. RODRIGUEZ: Right, that's correct.
COMMISSIONER HENNING: Okay. Well, motion to approve.
COMMISSIONER COLETTA: Second.
COMMISSIONER HENNING: And I'm going to bring that
garbage bag page over to make sure that I'm charged 2.75.
MS. FILSON: Who did the second?
COMMISSIONER COLETTA: I seconded.
COMMISSIONER COYLE: Must have been Coletta.
CHAIRMAN FIALA: Was it?
COMMISSIONER COLETTA: I seconded.
CHAIRMAN FIALA: Oh, you did.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: So the motion was by Commissioner
Henning, the second by Commissioner Coletta.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you for coming this evening.
Public comment is number 11.
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September 29, 2009
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MS. FILSON: I have one signed up for public comment, James
Patrick Guerrero.
CHAIRMAN FIALA: He stuck around for it.
COMMISSIONER COLETTA: Wow.
CHAIRMAN FIALA: Wow. I don't know who he is.
COMMISSIONER COLETTA: I know who he is and I know
what it's all about.
CHAIRMAN FIALA: Oh.
MR. GUERRERO: May I begin?
CHAIRMAN FIALA: Sure.
MR. GUERRERO: Madam Chair, Commissioners. I'll do it as
quickly as I can. I know it's been a long day.
I'm James Guerrero. I'm a contractor for Collier County, and I
want to state the facts first. Collier County Housing and Human
Services and Ms. Julie Bowersox contracted with James Patrick
Guerrero, Inc., contractor, that's me, to perform work on 4232 18th
Place Southwest, Naples, Florida.
The owner of this property is Mrs. Julie Ann Hardymon
Bowersox. In two separate contracts, Rick Torres and Tamara
Hammer of the housing department respectively contracted with the
contractor to perform the work consistent of bid specifications and
change orders.
The work is 100 percent complete, and a Certificate of
Occupancy was issued by development/environmental services.
The owner, Ms. Julie Bowersox, was qualified by Priscilla Doria
of the housing department.
The contractor presumes that Ms. Bowersox was properly
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qualified by the county department personnel. We all know the SHIP
program, State Housing Initiative Program, 05-025R file was handled
by Rick Torres, and the disaster recovery initiative, 05-1135, was
handled by Tamara Hammer. Both are rehabilitation specialists for the
housing department.
The SHIP contract amount was $6,596. The purchase order was
increased to include approved change orders totaling $4,679, and the
increased and approved contract amount is $11,275.
Of this amount, unpaid invoices of $8,504 are still owed.
How much time do I have?
COMMISSIONER COLETTA: You've got another minute.
MS. FILSON: Fifty-three seconds.
MR. GUERRERO: Okay. There is a DOl contract with amounts
that I'm not going to state for lack of time. But 6,205 are still owed.
Housing and human services, through respective contract
administrators and supervisors, have not responded to requests for
payment.
The work is complete. We're at a stalemate, and I don't know
what to do because I've gone to the top of housing, I've gone to the top
of finance, and both are pointing to each other as to faults committed
by each other.
So I have invoices that are 60 days overdue and 30 days overdue
after work is complete. And I just submit that I would respectfully
like to be paid for that.
COMMISSIONER COLETTA: May I?
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER HENNING: Thank you so much for waiting,
James.
MR. GUERRERO: Sure.
COMMISSIONER COLETTA: Yeah, Jim, right here.
Listen, a little while ago -- I don't know, were you here for
Dwight Brock and the -- what we went through to try to get
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September 29, 2009
everything back on some sort of track again?
MR. GUERRERO: Yes, sir, I was.
COMMISSIONER COLETTA: Okay. Well, one of the things
that I brought up during that discussion with my best buddy, Dwight
Brock, was the fact that you were out there and there was some other
people out there that were in very dire straits. You don't have enough
money to be able to buy food to put on your family's table because of
the inability of government to be able to process forms in a
meaningful manner.
Well, that's all behind us now. Today we solved all those
problems. And just to show you how sincere everybody is, Crystal,
down here from Dwight Brock's Office, has even stayed through all
this time to be able to explain to you how we're all going to be
working together to make this thing get resolved in a very expedient
matter (sic).
Crystal? How do you like that for an introduction, ma'am?
MS. KINZEL: Thank you, Commissioner Coletta. Crystal
Kinzel for the record. Actually, I was hoping Marcy would do this.
He's right.
But we have been working together with housing. This particular
issue, I think I went over with you, had some nuances to it. We're
working with legal. We've got -- the County Attorney's Office is
working with us on it, the Clerk's Office.
I have met with Mr. Guerrero. I think he's aware of the issues
that we have pending. Our goal is, obviously, to make an expedited
and legal payment, and we just need to make sure that we're there on
this agreement.
COMMISSIONER HENNING: Okay. And just to be sure,
J ames here has filed for the next agenda to come to us under public
petition to be able to bring it up again, and for some reason -- God
forbid, because by then he's going to be on the soup line -- if the
meeting after that it hasn't been resolved, I'm bringing it back as an
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September 29, 2009
agenda item. And we're going to get there where we have to go.
James, we were listening to you.
MR. GUERRERO: Thank you.
COMMISSIONER HENNING: We're going to make it happen.
MR. GUERRERO: Thank you, sir. Thank you, Commissioners.
CHAIRMAN FIALA: If there's -- if it's just technicalities but
you know he's due the money and everything is correct, isn't there a
way for you to issue a --
MS. KINZEL: There are problems with whether it is a legal
payment at this point, and that's what we're trying to resolve legally.
CHAIRMAN FIALA: Did he do the work?
MR. GUERRERO: It's 100 complete.
MS. KINZEL: According to everything housing has signed off,
yes, he did the work.
MR. GUERRERO: It would be great if we had an off-cycle
payment this week. It would be great.
CHAIRMAN FIALA: Go ahead. Marcy wants to speak.
MS. KRUMBINE: No, I never want to speak.
CHAIRMAN FIALA: We've got to help these people. I mean,
this is such a tough time.
COMMISSIONER COLETTA: It is.
MS. KRUMBINE: This is now 14 minutes to my bedtime.
Marcy Krumbine, for the record, Director of Housing and Human
Services.
Yes, we have certified that the contractor has completed all the
work, and have handed in all the forms but, as Crystal says, the
finance department has discovered some issues with the client that we
have.
Now, our opinion has been that we felt that the contractor
completed the work, and we did a PO and that he should be paid, but
legal and finance feels that it should be investigated further, and
actually the matter is right in the Sheriffs Office's hands, so that is the
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long and short of it.
COMMISSIONER COLETTA: Marcy, I -- we were talking
earlier, and I -- well, I think it was James that told me about the fact
that everything's come to a dead stop at your office and nothing's
getting sent on to finance, and you're not processing, everything that's
coming in -- in fact, you told everything to cease and desist as far as
work goes on these -- well, how does this work now? Explain to me
what it is in your office where nothing is going forward till you get
this resolved.
MS. KRUMBINE: Well, there's actually separate issues. This is
a very unique issue that Mr. Guerrero's here for, and that is very
different from most of the other issues.
But we do have just under $700,000 in vendor payments that are
in finance right now. And we have been -- Crystal's absolutely right.
We have been working diligently together to try to resolve issues.
We've been in hours and hours of countless meetings for
two-and-a-halfyears between finance, purchase, and the County
Attorney's Office to come to agreements on contracts, to come to
agreements on pay packets.
And the latest issue is an issue on a waiver of lien which, up until
July 1 st, we were using consistently and getting payments on. And
Crystal's office has found that there were some errors in that waiver of
lien, and we have, for about two months now, trying to correct that
waiver of lien.
COMMISSIONER COLETTA: Okay. Too much information.
MS. KRUMBINE: You asked.
COMMISSIONER COLETTA: The feud is over with. So by the
time we come back to our next meeting in two weeks, I expect that
everything's going to be cleared off your desk and just about
everything is going to be through financing because we've got a --
we've got a new relationship going forward, and nothing's going to
undermine it.
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September 29, 2009
MS. KRUMBINE: And we're going to sing kumbaya, right?
MS. KINZEL: And I agree, Commissioner, but let me make this
clear. This has nothing to do with any feud or anything else that was
going on. These are legal documents. There are mortgage documents
and the lien documents, notice to owner, and we are trying to work
through that process.
And every time we get new programs or new grant awards, we
will have to go through a certain process of what documentation
validates those program steps. But it has nothing to do with any
argument. We've been meeting. We've been --
COMMISSIONER COLETTA: No problem. Crystal--
MS. KINZEL: -- doing well.
COMMISSIONER HENNING: -- could we sometime, maybe
next month, if we get the opportunity, let's take a trip to Lee County,
let's go to Hendry County, see how they work at their Clerk of Courts
there in their financing departments.
I want to see if it's just unique to a Collier County problem or if
this is pretty universal, because it's not tolerable. And I don't give a
darn if it's Marcy or if it's you, I want it to cease.
MS. KINZEL: And we agree, Commissioner. Our goal is not to
hold these up, but I can also indicate to you that in several other
counties, a couple of those, Dade, Lehigh, their housing people have
been arrested, and we don't want any of that to happen here in Collier
County. We're trying to make sure the payments are legal and that we
do cross our T's and dot our I's and that we don't return any money to
the federal programs. That's our only goal, and I think we are working
with the county staff on that.
COMMISSIONER COYLE: Listen, we don't care if members of
the housing department are arrested, as long as the vendor gets paid.
COMMISSIONER COLETTA: That's right. We've got it.
MS. KRUMBINE: And that is an excellent point. You know, my
understanding, and the County Attorney can back me up, is in all these
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September 29, 2009
cases, it is my staff that gets arrested, and you're worried about
making legal payment, but I'm the one that's going to suffer.
CHAIRMAN FIALA: We don't want you to do that.
COMMISSIONER COYLE: Yeah, we're not worried about that.
COMMISSIONER COLETTA: James, we'll see you at the next
meeting.
CHAIRMAN FIALA: Are you kind of working together so you
can get through this quickly? I mean, I just hate to see these
contractors who are trying to feed families -- we're trying to get people
to work, and I hope we're paying them.
COMMISSIONER COYLE: Hey, if this is -- if this is tied up in
the Sheriffs Office --
COMMISSIONER HALAS: There's something bigger.
COMMISSIONER COYLE: -- I don't have any hope that
anything's going to get done fast. I mean, not because the Sheriffs
going to be slow, but if it's tied up in the Sheriffs Office, there's
something else going on here.
COMMISSIONER HALAS: Yep.
COMMISSIONER COYLE: Okay. And, you know, this is very
strange to me.
CHAIRMAN FIALA: Okay. So we had a motion on the floor,
didn't we, and a second?
COMMISSIONER COLETTA: No, there's no motion.
MS. KRUMBINE: Public comment.
COMMISSIONER COLETTA: This is public comment.
CHAIRMAN FIALA: Oh, this is public comment. Okay, last
motion. Sorry about that.
MR. GUERRERO: Thank you, Chairman, commissioners.
CHAIRMAN FIALA: Thank you.
Item #12A
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September 29, 2009
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
COUNTY ATTORNEY - PRESENTED
MR. OCHS: Madam Chair, that moves us to 12A, which is the
annual performance appraisal for the County Attorney.
MR. KLA TZKOW: I, too, am close to bedtime.
COMMISSIONER COYLE: You probably don't even want the
job now, do you?
MR. KLATZKOW: I got to tell you, this day -- in all honesty,
this has been the job of a lifetime, and I -- it has been, and I cherish
this job. I truly do.
The -- I've taken the scores, combined them on one sheet for the
board to review. I am, as Mr. Mudd did, waiving the merit pay
portion of it due to budgetary constraints this year, and here to answer
any questions you might have.
CHAIRMAN FIALA: I don't even have a light on. Thank you
for the good work that you've done. This is -- this is the beginning of
even a better year for next year.
MR. KLATZKOW: Thank you.
Item #12B
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS REVIEWS AND APPROVES THE
PROPOSED FY 2009-2010 ACTION PLAN FOR JEFFREY A.
KLA TZKOW. COUNTY ATTORNEY - ACCEPTED
CHAIRMAN FIALA: Thank you.
And now for your work program.
MR. KLATZKOW: And again--
CHAIRMAN FIALA: Do we have to -- do we have to have a
motion on this? I don't think so, do we? We're just accepting this,
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September 29, 2009
right?
Okay. Go ahead.
MR. KLA TZKOW: I'm just here to take questions, ma'am.
CHAIRMAN FIALA: On the work program?
MR. KLATZKOW: Yep.
CHAIRMAN FIALA: Okay. Any questions on his action plan
for this coming year?
COMMISSIONER COLETTA: No, excellent.
CHAIRMAN FIALA: We don't have any lights on for that
either. Thank you very much.
MR. KLATZKOW: Thank you, ma'am.
CHAIRMAN FIALA: If you need our help, you need us to assist
in any way, all you need to do is call. Thank you.
Okay. We move on to item number 12E.
Item #12E
RECOMMENDATION THE BOARD OF COUNTY
COMMISSIONERS APPROVES AND AUTHORIZES ITS
CHAIRMAN TO EXECUTE AN AMENDMENT TO THE
COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE
DIRECTOR'S EMPLOYMENT AGREEMENT - APPROVED
MR.OCHS: 12E, ma'am. That was formerly 16DI0,
recommendation that the Board of County Commissioners approves
and authorizes its chairman to execute an amendment to Collier
County Airport Authority executive director's employment agreement.
CHAIRMAN FIALA: We used to have a lot of speakers here. I
know Byron Meade left already.
MS. FILSON: I had Jim Murray.
CHAIRMAN FIALA: He left, too.
MS. FILSON: And Brian (sic) Meade.
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September 29, 2009
COMMISSIONER COYLE: No.
CHAIRMAN FIALA: He left.
MS. FILSON: Okay. No speakers.
CHAIRMAN FIALA: Okay. Who pulled -- this is
Commissioner Henning?
COMMISSIONER HENNING: Yes. The reason I pulled it, it
was my understanding that through this process that we wasn't going
to give any -- there wasn't going to be any salary differences, but that
isn't what the agenda item has.
COMMISSIONER COYLE: It is.
COMMISSIONER HENNING: Salary item is upwards of
$11,900. I know that's not much, but County Manager didn't take
anything, County Attorney didn't take anything. We ought to be
consistent.
MR. KLATZKOW: Going to Page 3 of9 on the agenda,
paragraph three -- and this was pursuant to board direction, I drafted
this agreement so that the executive director's salary for this next fiscal
year is unchanged from the prior year.
COMMISSIONER HENNING: Okay. Well, that's -- the email
that I sent stated, you know, it's my understanding there wasn't going
to be any salary difference.
MR. KLATZKOW: There is no salary difference.
COMMISSIONER HENNING: Well, then it should have stayed
on the regular agenda, or the consent agenda, so I make a motion to
approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
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September 29,2009
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER HALAS: Theresa, I'm real sorry that
somebody didn't look more closely, and here you are at this time of
the evening. Thank you very much for coming in. I think you drove
all the way from where, Immokalee?
MS. COOK: No, but it's been my pleasure to be here all day and
watch what's going on.
COMMISSIONER HALAS: Thank you. And I hope you get
some rest.
CHAIRMAN FIALA: You know, I want to tell you guys
something. It's 9:55. I come alive at 10 o'clock. I'm a night person --
COMMISSIONER COLETTA: I'm out of here.
CHAIRMAN FIALA: -- so be careful.
COMMISSIONER HALAS: I've seen you in action down at the
Witch's Brew.
COMMISSIONER COYLE: Motion to adjourn.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN FIALA: And now we go on to staff. Let's see.
County Manager to be, do you have any comments?
MR.OCHS: Yes, ma'am. Just real briefly. I know it's a late
hour, but I did want to publicly thank the board for their trust and
confidence that you noted me earlier in the day by naming me as your
County Manager. I consider it a high honor and a privilege. And
working with a great county staff here, I intend to do everything in my
power to make sure that that trust and confidence is forwarded into the
future.
CHAIRMAN FIALA: You will.
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September 29, 2009
MR.OCHS: I also, while I have the floor, I'd be remiss if I didn't
publicly thank Jim Mudd for the outstanding service that he's given to
this community over the last nine years, and personally the guidance
and support that he's given to me as his deputy over the last eight
years has been invaluable to me, so I thank Jim, and I want to make
sure that's on the record.
And then finally, as we've done in the past during these
transitions, I would ask the board's approval to work with you, Madam
Chairman, on an employment agreement to bring back to the board for
future consideration, if that pleases the board.
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: I would like to do that, thank you.
MR.OCHS: Thank you, ma'am. That's all I have.
CHAIRMAN FIALA: Okay. County Attorney?
MR. KLATZKOW: Just very briefly. Jim Mudd was the finest
executive I've ever had the pleasure of working with, and I'm going to
miss him both professionally and personally. That's all.
CHAIRMAN FIALA: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Just a quick comment on an item
that was approved on the consent agenda today concerning the
rehearing procedure.
MR. KLATZKOW: Yes, sir.
COMMISSIONER COYLE: I think there's a flaw in that
process. I should have brought it up earlier, but I think I'll just bring it
to your attention, and if the board agrees, you just take a look at it and
see what you do with it. But you're saying we can vote to rehear
something on the same day and at the same meeting.
MR. KLATZKOW: Yes, if that's what the board wants to do.
COMMISSIONER COYLE: Yes. Now, what could potentially
happen is that we could vote on something, the petitioner and all the
people of the public who came here to listen to that item can then
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September 29, 2009
leave, then we make a motion to rehear it after they leave and we
change our mind, and they will not have had an opportunity to
respond.
CHAIRMAN FIALA: Oh, I never even thought of that.
COMMISSIONER COYLE: So I think it's something we need
to take a look at. And maybe what we need to say is, if you're going
to have a rehearing, you must do it before you move on to the next
agenda item, that way the people will still be here and they'll still have
a chance to stay here and listen to the remainder of the proceedings.
MR. KLATZKOW: Well, that's -- I can make that change. I
haven't advertised this. This was for board consideration. And again,
the primary purpose was in case we had a mistaken vote.
COMMISSIONER COYLE: Yes.
MR. KLA TZKOW: So we could correct it right then and there.
COMMISSIONER COYLE: Yes.
MR. KLATZKOW: But if that's what the board wants with a
caveat that motion for reconsideration must be made before the item's
closed -- but once you've taken the vote, the item is closed, so --
COMMISSIONER COYLE: The item is closed. You see, it's a
tricky problem. So that's why I didn't know how to deal with it, but I
just mention it because it can result in some unusual circumstances.
Last thing we want is people leaving this room thinking we voted
one way, and then we turn around and change our mind later after
they've left.
CHAIRMAN FIALA: Boy, I never even thought of that. That's
a good point.
COMMISSIONER COYLE: Yeah, it is. It's very important;
otherwise, I wouldn't have brought it up.
And that's all I have, Madam Chair.
CHAIRMAN FIALA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Two of us were at the Florida
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September 29, 2009
Association of Counties, and it was a policy conference that was held
in Orlando, Seminole County, but actually was in Lake Mary, which is
east of Orlando.
I have a number of notes here that were put together, and I was
going to discuss this, but I think what I'm going to do, to save time, is
I'll make sure that each of the commissioners gets this so they have an
understanding of what was brought up at this conference --
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HALAS: -- at the different -- the different
items that were brought forth for us to look at to start to put our
legislative package together for the Florida Association of Counties.
CHAIRMAN FIALA: You know, I'm glad you're going to do
that. And I'd like to mention, every once in a while that Jim Coletta
will go to the RPC, and I'm sure he learns many things. Maybe when
we're representing the board on things like this, it would probably be
helpful even if we gave a few lines back and even if we just
distributed them like this so that everybody knows what's going on,
and we all feel like we're in tune with whatever you represented us at.
COMMISSIONER HALAS: And I'll have this out to each of the
commissioners, my fellow commissioners, tomorrow, okay?
CHAIRMAN FIALA: Thank you, Commissioner Halas.
Appreciate that.
Commissioner Henning?
COMMISSIONER HENNING: Nothing.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I, too, am
going to miss Jim Mudd.
First, I got a request from Hodges University. They're submitting
for a USDA grant to support entrepreneurs by helping entrepreneurs
create executable business plans, helping them find funding, helping
them find a location for the business.
They're asking us to -- it would be helpful if we could provide
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September 29, 2009
them with a letter that the services they will be providing are
consistent with the countywide strategic or economic plan. They'd
asked if we'd write that letter, and I would like to have your
permission to do so and have the chair sign it, or have the chair do the
letter and sign it, be even better yet.
CHAIRMAN FIALA: Either one.
COMMISSIONER COLETTA: Yeah. Any problems with that?
(No response.)
COMMISSIONER COLETTA: And the other thing is is that by
now you mayor may not have heard, I'm going to be traveling to
Washington, D.C., tomorrow morning. Plane leaves at six. Got to get
there at four. I have plenty of time to get everything done. I'm going
to meet Mario Diaz-Balart. He's asked me to testify before a
congressional committee regarding FEMA preparation for rural
communities, especially those communities that -- where English is
not the main language.
Mario was somewhat impressed by what took place in Collier
County during Wilma in Immokalee, and so I'm going to be giving
testimony on that.
Of course, there's going to be an expense for that, and my budget
is quite low, and I understand there's a couple of people that offered
money from their travel budget to be able to get me there and back.
But at this time it's just supposed to be quiet, then they're supposed to
jump up and say, oh, guess who that is.
COMMISSIONER COYLE: No.
COMMISSIONER HALAS: I plan to give you the money that's
left over in my travel budget.
COMMISSIONER COLETTA: I thought it was Commissioner
Coyle, but that's fine.
COMMISSIONER COYLE: No. I volunteered to give you the
money to get there, but I didn't want you to come back.
COMMISSIONER HALAS: This was talked over, and I said
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September 29, 2009
that I'd be more than glad to have you go up there to represent us. Just
make sure that you don't spend too much because Commissioner
Henning might get all upset, but --
COMMISSIONER HENNING: Oh, okay. I got it. I'm going to
sleep in the car.
COMMISSIONER HALAS: No. I had some -- yeah, sleep on
the car or whatever.
COMMISSIONER COLETTA: In the car.
COMMISSIONER HALAS: But I'm sure that you'll represent us
well up there, and it's a pleasure to give you the funding necessary to
get there.
COMMISSIONER COLETTA: Thank you. And now the very
good news is that today I launched my Twitter page, and the reason
I'm telling you that, because every one of you is expected to meet me
and exceed what I'm going to be doing. I'm going to be doing daily
reports on it, sending all sorts of messages. There's a news release out
there, and I already got five people that have put in to be members of
my Twitter page. The only thing is, they're all from the Naples Daily
News.
And other than that, I'm -- I appreciate the fact you're going to do
the report on the F AC Conference, and enjoyed being there.
Thank you.
COMMISSIONER HALAS: Could I ask the County Attorney
one question --
CHAIRMAN FIALA: Sure.
COMMISSIONER HALAS: -- before you -- in regards to
Facebook and Twitter, have we got ourselves any problem? I mean,
I'm not trying to have Mr. -- or Commissioner Coletta get in any
trouble, but I'm very reluctant to get involved in some of this
technology until I know where I stand.
In fact, I had a Face page, and I haven't did anything with it. I've
completely ignored it just because of the fact that there was some
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September 29, 2009
discussion, and there was some reporters from Naples Daily News that
said, hey, I want to be your friend, and that's about as far as I've went,
and I haven't posted anything on it.
COMMISSIONER COLETTA: Sounds like a guilty confession
to me.
COMMISSIONER HALAS: Well, I just want --
COMMISSIONER COYLE: That's enough to make you close
down the place, right?
COMMISSIONER HALAS: That's right. I just want to make
sure that we don't have any violation of any sunshine laws or
anything. So maybe you could kind of --
COMMISSIONER HENNING: I can help you with that because
a lot's been done to get me to this point. They've been working on it
for four months. Everything is going through the county server
through one of -- an email account so there's going to be a complete
record. It's no different than emails, but it's only one way. I'm
sending it out and it goes through the county server, so there's a
permanent record.
COMMISSIONER HALAS: This is a Twitter, so do we -- are
we supposed to give you bird seed, too?
COMMISSIONER COLETTA: It's late. It's late, sir.
COMMISSIONER COYLE: Well, there is something that the
County Manager -- or County Attorney did tell us when we were
considering those things, and that is the one danger -- and correct me
if I'm wrong -- is that we're prohibited from exchanging information
through another person, and some cases you're not going to know that
that other person might be on somebody else's Twitter page and they
might be Twittering about what you said, and you're thereby
exchanging Twitter with other commissioners.
COMMISSIONER HALAS: Tweeters or Twitters?
MS. KINZEL: Tweets.
COMMISSIONER COYLE: Tweets?
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September 29, 2009
COMMISSIONER COLETTA: And I also--
CHAIRMAN FIALA: Oh, it is getting late.
COMMISSIONER HALAS: It serves you right for you having
this meeting go this long.
COMMISSIONER COYLE: Motion to adjourn.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Oh, no. I've got a couple things, too,
guys.
COMMISSIONER COYLE: No, no. I've made a motion and
there's a second.
CHAIRMAN FIALA: No, I didn't listen to it. There is no
second.
First thing is, I'm so glad that today we all discussed and came to
the agreement that we will name the new emergency operations center
after Jim Mudd. I think that that's a fitting tribute, and -- because he's
rescued us in many emergencies, and he's just been more than an
outstanding County Manager. It's been not only a pleasure, but -- and
joy, but I've been very proud to have him as our County Manager.
That's the first thing.
The second thing is, a documentary. On TDC yesterday -- I'm
the chairman of the TDC, and they were playing a documentary, and
it's going to be on this Thursday at eight p.m. on PBS. PBS is
showing the parks --
COMMISSIONER HALAS: National parks.
CHAIRMAN FIALA: National parks in the country, and this
week they're going to feature Everglades. And so -- and I saw some of
the film footage. Oh, my goodness. It's magnificent. If any of you
can tune in -- who knows. Maybe somebody can't sleep tonight and
they're listening to us, tune in eight o'clock at PBS on Thursday. It's
going to be absolutely outstanding.
And lastly, I would like to say, I know that the county is
spending dollars, spending stimulus dollars on rehabbing homes and
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September 29, 2009
so forth, and I was -- I was going to ask if maybe you could take some
of those dollars and even use them in East Naples. I know they're
right now being concentrated in Golden Gate, but it would be
wonderful if you could spend some of those rehab dollars in East
Naples as well. So I'm going to just plant that seed, please, and with
the County Manager as well.
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay. Thank you. And--
COMMISSIONER COYLE: Motion to adjourn.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: I have a motion and a second to adjourn.
COMMISSIONER COLETTA: Third.
CHAIRMAN FIALA: And a third to adjourn.
All in those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Meeting is adjourned.
* * * * Commissioner Henning moved, seconded by Commissioner
Coletta and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR MEDITERRA PARCEL 111 - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A2
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September 29, 2009
RECORDING THE FINAL PLAT OF REGAL ACRES,
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY - DEVELOPER
MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO FINAL APPROVAL LETTER
Item #16A3 - Moved to Item #10G (Per Agenda Change Sheet)
Item #16A4 - Moved to Item #10H (Per Agenda Change Sheet)
Item #16Bl - Moved to Item #101 (Per Agenda Change Sheet)
Item #16B2
THE OCTOBER 2009 COLLIER COUNTY TRANSIT
DEVELOPMENT PLAN ANNUAL PROGRESS REPORT
Item #16B3
RESOLUTION 2009-223: THE COLLIER METROPOLITAN
PLANNING ORGANIZATIONS (MPO) PUBLIC INVOLVEMENT
PAR TICIP A TION PLAN (PIP) AS THE COLLIER AREA
TRANSIT (CAT) PUBLIC INVOLVEMENT PARTICIPATION
PROCESS TO BE FOLLOWED FOR ALL GRANTS AND MAJOR
SERVICE MODIFICATIONS
Item #16B4
CONTRACT #09-5229 (SERVICES FOR COLLIER COUNTY
SIGNAL RETIMING PROJECT) TO V ANUS, INC. FOR
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September 29, 2009
DEVELOPMENT OF COORDINATED ARTERIAL TRAFFIC
SIGNAL INTERSECTION RETIMING ON STATE ROADWAYS
IN COLLIER COUNTY AT A FEE OF $269,536.30
REIMBURSED THROUGH A JOINT PROJECT AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION -
TO COORDINATE ARTERIAL TRAFFIC SIGNAL
INTERSECTION RETIMING OF STATE ROADWAYS
Item # 16B5
A CONTRACT BETWEEN COLLIER METROPOLITAN
PLANNING ORGANIZATION (MPO) AND TINDALE OLIVER
AND ASSOCIATES (TOA) FOR THE TRANSIT DEVELOPMENT
PLAN (TDP) MAJOR UPDATE IN AN AMOUNT OF $129.550
Item #16B6 - Withdrawn (Per Agenda Change Sheet)
TERMINATING THE CONTRACT AWARDED TO BIG TREE,
INC., FOR BID #09-5194 COLLIER COUNTY RIGHT-OF-WAY
(ROW) AND MEDIAN MOWING AND MAINTENANCE
ANNUAL CONTRACT IN THE AMOUNT OF $124.240.00
Item #16B7
LINE RELOCATION COOPERATION AGREEMENT WITH THE
ORANGE TREE UTILITY COMPANY AND CHAIRMAN TO
SIGN THE AGREEMENT. PROJECT #60044 - TO SAFELY
CONSTRUCT AND INCORPORATE THE RELOCATED
UTILITY SYSTEM
Item # 16B8
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September 29,2009
BID #09-5207 CONSULTING SERVICES FOR THE COLLIER
AREA TRANSIT (CAT) PROGRAM TO CH2MHILL, PB
AMERICAS INC., RENAISSANCE PLANNING GROUP,
TINDALE-OLIVER & ASSOCIATES, INC., AND WILBUR
SMITH ASSOCIATES FOR A VARIETY OF PROFESSIONAL
CONSUL TING SERVICES FOR COLLIER AREA TRANSIT
Item #16B9
MODIFICATION NUMBER 8 WITH CHANGE ORDERS IN THE
AMOUNT OF $17,955.00 TO CONTRACT 06-3962 CITYVIEW
SOFTWARE FOR CDES INCLUDING TRANSPORTATION
ROW'S PERMITTING SECTION
Item #16Cl
THE RIGHT OF ENTRY FORM TO DOCUMENT COLLIER
COUNTY'S AGREEMENT WITH CERTAIN PRIVATE
PROPERTY OWNERS FOR IMPROVEMENT OF PRIVATE
DRIVEWAYS FOR THE PURPOSE OF PROVIDING
TURNAROUNDS FOR WASTE MANAGEMENT INC. OF
FLORIDAS TRUCKS IN AREAS THAT DO NOT PROVIDE
ADEQUATE TURNAROUND ACCESS ON PUBLIC ROADS, AS
PROVIDED FOR IN THE FRANCHISE AGREEMENT BETWEEN
COLLIER COUNTY AND WASTE MANAGEMENT INC. OF
FLORIDA, AT AN ESTIMATED COST NOT TO EXCEED $4,000,
PROJECT #59001
Item # 16C2 - Withdrawn (Per Agenda Change Sheet)
BID NO. 09-5258, THE SOUTH COUNTY WATER
RECLAMATION FACILITY ODOR CONTROL FACILITIES
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September 29, 2009
UPGRADES, TO DOUGLAS N. HIGGINS, INC., IN THE BASE
BID AMOUNT OF $474.332.00 FOR PROJECT NO. 73969
Item # 16C3
INTER-LOCAL AGREEMENT WITH THE NORTH NAPLES
FIRE CONTROL AND RESCUE DISTRICT FOR THE COLLIER
COUNTY WATER-SEWER DISTRICT ASSUMING OWNERSHIP
OF THE FIRE HYDRANTS NOW OWNED AND MAINTAINED
BY THE NORTH NAPLES FIRE CONTROL AND RESCUE
DISTRICT (EXCLUDING ANY FIRE HYDRANTS BEHIND
MASTER METERS), TOGETHER WITH THE ONGOING
RESPONSIBILITY FOR MAINTENANCE, REPAIR, AND
REPLACEMENT; AND ACCEPT A BILL OF SALE
Item #16C4
RESOLUTION 2009-224: AN AMENDMENT TO THE COLLIER
COUNTY WATER-SEWER DISTRICTS UTILITIES
STANDARDS MANUAL
Item # 16C5
RESOLUTION 2009-225/CWS RESOLUTION 2009-02: A
SUPPLEMENTAL BOND RESOLUTION AUTHORIZING THE
COLLIER COUNTY WATER-SEWER DISTRICT (DISTRICT) TO
INCUR A FIXED INTEREST RATE, BANK-QUALIFIED T AX-
EXEMPT TERM LOAN (THE "TERM LOAN") THROUGH THE
ISSUANCE OF ITS WATER AND SEWER REFUNDING
REVENUE BOND, SERIES 2009 (THE BOND) IN THE AMOUNT
NOT TO EXCEED $12,000,000 PROVIDING FOR THE
REFUNDING OF THE DISTRICTS OUTSTANDING WATER
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September 29, 2009
AND SEWER REFUNDING REVENUE BONDS, SERIES 1999B,
2) APPROVE JPMORGAN CHASE BANK, N.A. AS THE
QUALIFIED FINANCIAL INSTITUTION PROVIDING THE
TERM LOAN AND PURCHASE THE BOND AND 3) APPROVE
NECESSARY BUDGET AMENDMENTS
Item # 16C6 - Moved to Item # 1 OJ (Per Commissioner Henning
during Agenda Changes)
Item #16D1
BID #09-5279 IN THE AMOUNT OF $53,310 TO BLOSSOMS,
INC., FOR THE SPORT FIELD RENOVATION OF EAGLE
LAKES COMMUNITY PARK AND GOLDEN GATE
COMMUNITY PARK AND THE NECESSARY BUDGET
AMENDMENT
Item #16D2
THE DONATION OF $29,412 FROM THE PELICAN BAY
PROPERTY OWNERS ASSOCIATION AND THE NORTH
NAPLES COMMUNITY ALLIANCE THAT PROVIDES FUNDS
TO OPEN THE V ANDERBIL T BEACH BRANCH LIBRARY ON
FRIDAYS, FROM OCTOBER 1, 2009 MARCH 31, 2010, AND
THE NECESSARY BUDGET AMENDMENT
Item #16D3
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY
AND CITY OF NAPLES FOR CLAM BAY WATER QUALITY
STUDY FOR $23,644 TO FUND THE DEVELOPMENT OF A
WATER QUALITY MONITORING PROGRAM
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September 29, 2009
Item # 16D4
A MODIFICATION TO DISASTER RECOVERY INITIATIVE
AGREEMENT #07DB-3V-09-21-01-Z01 BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY AND ASSOCIATED CONTRACT
AMENDMENTS WITH SUBRECIPIENTS. THIS
MODIFICATION WILL UPDATE THE CURRENT PROJECT
WORK SCHEDULES AND EXTEND THE GRANT PERIODS
Item # 16D5
CONTRACT AMENDMENTS WITH THE AREA AGENCY ON
AGING FOR STATE FUNDED GENERAL FUND GRANT
PROGRAMS FOR SENIORS, AS IT RELATES TO THE
SCHEDULE FOR INVOICE AND ADVANCE RE-P A YMENTS
Item #16D6
ACCEPTANCE OF THE HEALTH CARE AND OTHER
FACILITIES SPECIAL CONGRESSIONAL INITIATIVE FROM
THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES IN THE AMOUNT OF $141,570.00 AND
THE NECESSARY BUDGET AMENDMENT RECOGNIZING
THE REVENUE - WITH AN EFFECTIVE DATE OF
SEPTEMBER 1. 2009 AND END DATE OF AUGUST 31. 2010
Item #16D7
THE REQUEST FOR QUOTE (RFQ) #09-5315 TO
AYLESWORTH'S FISH AND BAIT, INC. FOR DELIVERY OF
Page 364
September 29,2009
FROZEN BAIT FOR COLLIER COUNTY MARINAS - FOR
PORT OF THE ISLANDS, CAXAMBUS PARK, COCOHATCHEE
RIVER PARK AND SOON AT THE GOODLAND BOAT PARK
Item #16E1
THE RENEWAL OF THE GROUP DENTAL INSURANCE
PROGRAM THROUGH CIGNA DENTAL PLAN, INC. FOR A
ONE YEAR PERIOD EFFECTIVE JANUARY 1.2010
Item #16E2
A CHANGE TO THE LONG TERM DISABILITY INSURANCE
PROGRAM TO AVOID THE TAXATION OF DISABILITY
PROCEEDS - EFFECTIVE CHANGE WOULD BEGIN JANUARY
1. 2010
Item # 16E3
AN AMENDMENT TO AGREEMENT FOR SALE AND
PURCHASE (AMENDMENT) WITH MARK BAIN,
ESQUIRE/PERSONAL REPRESENTATIVE ON BEHALF OF
THE ESTATE OF TESSIE COLLUCCIO FOR 1.59 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM AT NO ADDITIONAL COST TO THE COUNTY -
FOR AN ADDITIONAL 90 DAYS
Item #16E4
AN INTERIM MANAGEMENT PLAN FOR THE PEPPER
RANCH PRESERVE UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM AND DIRECT THE COUNTY
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September 29, 2009
MANAGER. OR HIS DESIGNEE. TO IMPLEMENT THE PLAN
Item #16E5
THE UNITED STATES DEPARTMENT OF ENERGY (DOE)
ENERGY EFFICIENCY CONSERVATION BLOCK GRANT
A WARD FOR AMERICAN RECOVERY AND REINVESTMENT
ACT (ARRA) FUNDING IN THE AMOUNT OF $3,036,000 -
PROJECTS INCLUDE A MIXTURE OF LIGHTING AND
ELECTRICAL IMPROVEMENTS, MECHANICAL
IMPROVEMENTS, RENEWABLE ENERGY AND PLANNING
INITIA TIVES
Item #16E6
THE PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS
COMPENSATION, FLOOD, AIRCRAFT, AND OTHER
INSURANCE AND RELATED SERVICES FOR FY 2010 IN THE
AMOUNT OF $1,826,930, A REDUCTION OF $45,858 BELOW
THE FY 2009 ACTUAL COST
Item #16F1
AN AGREEMENT BETWEEN COLLIER COUNTY AND DR.
MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY
MEDICAL EXAMINER DBA DISTRICT TWENTY MEDICAL
EXAMINER, INC. PROVIDING MEDICAL EXAMINER
SERVICES FOR FISCAL YEAR 2010 AT A COST OF $1.093.500
Item #16F2
A CUL TURAL, HERITAGE AND NATURE TOURISM GRANT
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September 29,2009
FROM THE FLORIDA COMMISSION ON TOURISM AND VISIT
FLORIDA FOR DEVELOPMENT OF A CULTURAL ARTS AND
HERITAGE BROCHURE FOR COLLIER COUNTY IN THE
AMOUNT OF $5,000 AND ALL NECESSARY BUDGET
AMENDMENTS - TIME PERIOD FOR THE GRANT IS
BETWEEN JULY 1. 2009 THROUGH JUNE 30. 2010
Item #16F3
NINE (9) FY 10 TOURIST DEVELOPMENT TAX CATEGORY C-
2 GRANT AGREEMENTS TOTALING $571,000 SUBJECT TO
FUNDING AVAILABILITY - CHILDREN'S MUSEUM OF
NAPLES ($75,000), FREEDOM MEMORIAL TASK FORCE
($39,000), HOLOCAUST MUSEUM OF SW FLORIDA ($80,000),
NAPLES ART ASSOCIATION ($50,000), NAPLES BOTANICAL
GARDENS ($150,000), NAPLES MUSEUM OF ARTS ($20,000),
NAPLES ZOO ($40,000), SOUTH FLORIDA NATIONAL PARK
TRUST ($17,000) AND MARCO ISLAND HISTORICAL
SOCIETY ($100.000)
Item #16F4
TWO GRANT AGREEMENTS FOR FYI 0 TOURIST
DEVELOPMENT TAX CATEGORY B GRANTS TOTALING
$49,000 - FOR THE SOUTHWEST FLORIDA LAND
PRESERVATION TRUST ($25,000) AND UNITED ARTS
COUNCIL OF COLLIER COUNTY ($24.000)
Item # 16F5
CASH AMOUNTS TO BE ALLOCATED ON SEPTEMBER 30,
2009 FOR THE PARITY DEBT SERVICE RESERVE ACCOUNT
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September 29, 2009
ASSOCIATED WITH THE COUNTY'S CAPITAL
IMPROVEMENT REVENUE BONDS (SERIES 2002/2003/2005)
IN AN AMOUNT NOT EXCEEDING $11.543.806
Item #16F6
RESOLUTION 2009- 226: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED
BUDGET
Item #16F7
RESOLUTION 2009-227: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED
BUDGET
Item # 16F8 - Moved to Item # 1 OK (Per Commissioner Henning
during Agenda Changes)
Item #16Gl
COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA (1765
COMMERCIAL DRIVE)
Item #16G2
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September 29,2009
CRA STAFF ATTENDANCE AT FLORIDA BROWNFIELD'S
ASSOCIATION 2009 ANNUAL CONFERENCE; AUTHORIZE
PAYMENT OF ATTENDEES REGISTRATION, LODGING,
TRAVEL AND PER DIEM FROM THE BA YSHORE GATEWAY
TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND
DECLARE THE TRAINING RECEIVED AS SERVING A VALID
PUBLIC PURPOSE - HELD NOVEMBER 1-4, 2009 IN TAMP A,
FLORIDA
Item #16Hl
COMMISSIONER HALAS' REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE SUSAN G. KOMEN FOR THE
CURE BREAST CANCER AWARENESS KICKOFF RECEPTION
ON THURSDAY, OCTOBER 1,2009, IN NAPLES, FLORIDA.
$15.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL
BUDGET - HELD AT TAMIAMI FORD, 1229 AIRPORT
PULLING ROAD
Item #16H2
COMMISSIONER HALAS' REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE UNITED WAY OF COLLIER
COUNTY 2009 CAMP AIGNKICK-OFF BREAKFAST MEETING
ON THURSDAY, OCTOBER 1,2009, AT THE HILTON NAPLES.
$20.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL
BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH
Item #16H3
Page 369
September 29, 2009
RESOLUTION 2009-228: SUPPORTING THE NOT-FOR-PROFIT
IMMOKALEE FOUNDATION IN OBTAINING
CONTRIBUTIONS TO PROMOTE ENTREPRENEURIAL AND
JOB DEVELOPMENT SKILLS AND OPPORTUNITIES FOR THE
YOUTH OF IMMOKALEE THROUGH THE FLORIDA OFFICE
OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM
Item #1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 370
(
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
September 29, 2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Collier County Code Enforcement Board:
Minutes of June 26, 2008; November 20, 2008.
2) Collier County Planning Commission:
Minutes of May 21,2009; June 2, 2009.
3) Contractors Licensing Board:
Minutes of September 17, 2008 - unsigned.
4) Develooment Services Advisorv Committee:
Minutes of July 9, 2008.
5) East of 951 Infrastructure and Services Horizon Study Public
Particioation Master Plan Committee:
Minutes of September 3, 2008; September 8, 2008.
B. Other:
I) Heritage Greens Community Develooment District:
Notice of assessment and upcoming public hearing dated
July 20, 2009.
(
"
September 29, 2009
Item #16Jl
THE USE OF CONFISCATED TRUST FUNDS FOR IMPROVING
CONDITIONS CONDUCIVE TO YOUTH RELATED
PROGRAMS HELD AT COLLIER COUNTY JUNIOR DEPUTIES
LEAGUE'S CAMP DISCOVERY
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 5, 2009
THROUGH SEPTEMBER 11,2009 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 12, 2009
THROUGH SEPTEMBER 18,2009 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item # 16J4
THE COLLIER COUNTY SUPERVISOR OF ELECTIONS
ACCEPTANCE OF THE FEDERAL ELECTION ACTIVITIES
FUNDS WITH A 15% MATCHING CONTRIBUTION AND
SIGNING THE CERTIFICATE REGARDING MATCHING
FUNDS
Item #16Kl
COUNTY ATTORNEY ADVERTISE AND BRING BACK FOR
BOARD CONSIDERATION A PROPOSED AMENDMENT TO
ORDINANCE NO. 08-47, WHICH ADDRESSES
Page 371
September 29, 2009
REQUIREMENTS FOR NON-CONSENT LAW ENFORCEMENT
TOWING OF VEHICLES, PRIVATE PROPERTY TOWING OF
VEHICLES, STORAGE OF VEHICLES AND MAXIMUM
CHARGEABLE FEES BY TOW TRUCK COMPANIES,
INCLUDING PROVISIONS CONCERNING THE
IMMOBILIZATION OF VEHICLES (BOOTING) ON PRIVATE
PROPERTY AND FURTHER CLARIFYING LANGUAGE IN THE
ORDINANCE BASED UPON FEEDBACK AND EXPERIENCE
SINCE ITS ENACTMENT IN SEPTEMBER 2008
Item # 16K2
AMENDING THE LEGAL SERVICES CONTRACT THE BOARD
APPROVED WITH DE LA PARTE & GILBERT, P.A., FOR
LITIGATION RELATED TO ORANGE TREE UTILITY CO. V.
COLLIER COUNTY, CASE NO. 07-2333 CLARIFYING THE
SCOPE OF WORK TO PROVIDE SPECIALIZED UTILITY
LEGAL SERVICES IN CONNECTION WITH ORANGE TREES
RECENT APPEAL OF AN ENTRY OF SUMMARY JUDGMENT
IN FAVOR OF THE COUNTY
Item # 16K3
AN OFFER OF JUDGMENT TO RESPONDENT, JEANNE
FIELDS AND DONALD E. FIELDS, FOR PARCEL NO. 124FEE
IN THE AMOUNT OF $711,301 IN THE LAWSUIT STYLED
COLLIER COUNTY V. PASCAL J. MURRAY, ET AL., CASE
NO. 07-4784-CA (SANTA BARBARA BOULEVARD
EXTENSION PROJECT NO. 60091) (FISCAL IMPACT $97,001)-
FOR A 4.55 ACRE PARCEL FOR ROAD RIGHT-OF-WAY
Item #16K4
Page 372
September 29, 2009
AN OFFER OF JUDGMENT TO RESPONDENT, MYRTLE
COVE, INC., FOR PARCEL NO. 801 IN THE AMOUNT OF
$2,000 IN THE LAWSUIT STYLED COLLIER COUNTY V.
MYRTLE COVE, INC., ET AL., CASE NO. 07-5038 (LEL Y AREA
STORMWATER IMPROVEMENT PROJECT NO. 511011)
(FISCAL IMPACT $1,000) - FOR A .38 ACRE PARCEL FOR
STORMW A TER MANAGEMENT
Item # 16K5
AN OFFER OF JUDGMENT TO RESPONDENT, MYRTLE
PRESERVE, LLC, FOR PARCEL NO. 809 IN THE AMOUNT OF
$24,000 IN THE LAWSUIT STYLED COLLIER COUNTY V.
MYRTLE PRESERVE, LLC, ET AL., CASE NO. 07-463-CA
(LEL Y AREA STORMW ATER IMPROVEMENT PROJECT NO.
51101) (FISCAL IMPACT $4,400) - FOR A .41 ACRE PARCEL
FOR STORMW A TER MANAGEMENT
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$30,000 FOR PARCEL 142 IN THE LAWSUIT STYLED
COLLIER COUNTY V. CHARLES R. WILSON, ET AL., CASE
NO. 02-5164-CA (IMMOKALEE ROAD PROJECT NO. 60018).
(FISCAL IMPACT $20,194) - FOR A .364 ACRE PARCEL FOR A
ROAD RIGHT-OF-WAY
Item #16K7
COUNTY ATTORNEY ADVERTISE AND BRING BACK FOR
BOARD CONSIDERATION AN AMENDMENT TO
Page 373
September 29, 2009
ORDINANCE NO. 91-65, AS AMENDED, RELATING TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, SO AS TO
REMOVE THE REQUIREMENT FOR COMMITTEE REVIEW OF
ALL REZONING PETITIONS
Item #16K8
COUNTY ATTORNEY ADVERTISE AND BRING BACK FOR
BOARD CONSIDERATION AN AMENDMENT TO
ORDINANCE NO. 2004-03, THE COLLIER COUNTY AIRPORT
AUTHORITY ORDINANCE, TO PROVIDE FOR THE
APPOINTMENT OF AN ALTERNATE MEMBER
Item #16K9
THE FILING OF A CIVIL ACTION WITH THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL CIRCUIT TO RECOVER IN
EXCESS OF THREE MILLION DOLLARS AND DEFEND
AGAINST A NINE MILLION DOLLAR CLAIM FROM JOHN
CARLO, INC. RELATING TO DEFICIENCIES IN THE WORK
PERFORMANCE ON CONTRACT 05-3876, RATTLESNAKE
HAMMOCK ROAD SIX LANE IMPROVEMENTS FOR PROJECT
NO. 60169. ADDITIONALLY, THE COUNTY'S CONTINUED
DEFENSE AND PURSUIT OF THE COUNTY'S
COUNTERCLAIM IN THE IMMOKALEE ROAD LITIGATION,
PROJECT NO. 66042
Item #16KI0 - Moved to Item #12E (Per Agenda Change Sheet)
Item #16Kll
COUNTY ATTORNEY ADVERTISE AND BRING BACK FOR
Page 374
September 29, 2009
BOARD CONSIDERATION AN AMENDMENT TO
ORDINANCE NO. 1975-16, AS AMENDED, RELATING TO THE
PROCEDURE FOR RECONSIDERATION OF MATTERS BY
THE BOARD OF COUNTY COMMISSIONERS
Item # 1 7 A
RESOLUTION 2009-229: SNR-2009-AR-14379 AVE MARIA
UNIVERSITY, INC., REPRESENTED BY WILSONMILLER,
RENAMING A PORTION OF ASSISI AVENUE THAT IS WEST
OF AVE MARIA BLVD. TO DOLAN STREET. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 5, TOWNSHIP 48
SOUTH. RANGE 29 EAST. IN COLLIER COUNTY. FLORIDA
Item #17B
RESOLUTION 2009-230: SNR-2009-AR-14380 AVE MARIA
UNIVERSITY, INC., REPRESENTED BY WILSONMILLER,
RENAMING THE EXISTING CANA AVENUE TO KELLEHER
STREET. THE SUBJECT PROPERTY IS LOCATED IN SECTION
32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IN COLLIER
COUNTY. FLORIDA
Item #17C
RESOLUTION 2009-231: SNR-2009-AR-14381 AVE MARIA
UNIVERSITY, INC., REPRESENTED BY WILSONMILLER,
RENAMING A PORTION OF AVILA AVENUE THAT IS WEST
OF AVE MARIA BLVD. TO DONAHUE STREET. THE
SUBJECT PROPERTY IS LOCATED IN SECTION 5, TOWNSHIP
48 SOUTH. RANGE 29 EAST. IN COLLIER COUNTY. FLORIDA
Page 375
September 29, 2009
Item #17D
THIS ITEM RE-SCHEDULED TO THE OCTOBER 27. 2009 BCC
MEETING. A PUBLIC HEARING TO REVIEW AND ADOPT
REVISIONS TO AMEND THE LAND DEVELOPMENT CODE
(ORDINANCE NO. 04-41) TO INCLUDE PROVISIONS FOR
TEMPORARY SIGNS TO COMPLETE THE RECENT
REVISIONS TO THE COLLIER COUNTY SIGN CODE
(ORDINANCE NO. 09-43) ADOPTED BY THE BOARD OF
COUNTY COMMISSIONERS AT A PUBLIC HEARING ON
JULY 28. 2009
Item #17E
RESOLUTION 2009-232: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2008-09 ADOPTED
BUDGET
Item # 17F - Moved to Item #8B (Per Commissioner Henning during
Agenda Changes)
Page 376
September 29, 2009
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:07 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIS RICTS UNDER ITS CONTROL
/
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DONNA FI LA, Chairman
ATTEST:
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GBT'1 K,CLERK
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These ril1~~ies approved by the Board on 1 0 / '2. "+ / 0 ~ , as
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presented / or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 3 77